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201603301
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201603301
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Last modified
7/3/2017 5:40:51 PM
Creation date
5/27/2016 11:10:15 AM
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DEEDS
Inst Number
201603301
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201603.301 <br /> improvements and sidewalk improvements (the "Access Improvements"), all shown on <br /> the Survey and those currently being construction and to be shown on the SBV Survey, <br /> and are for the purpose of providing vehicular and pedestrian ingress and egress over <br /> and across the Complex, for the benefit of each of the parcels in the Complex in <br /> accordance with the Survey and the SBV Survey. Said easement rights are intended to <br /> be appurtenant to, and transferable with, each of the HCHA Parcel and the SBV Parcel <br /> because they are essential and necessary for the use of Complex. By virtue of this <br /> Agreement there shall always be an access for a vehicular and pedestrian ingress and <br /> egress connection between the HCHA Parcel and the SBV Parcel <br /> (b) Grant of Use of Playground Equipment. HCHA does hereby grant, <br /> bargain and convey unto SBV, its agents, employees or invitees, and for the benefit of <br /> all Residents of and to the SBV Parcel, their respective successors and assigns, a non- <br /> exclusive right to the use of the Playground Equipment located on HCHA Parcel <br /> according to HCHA's current policies and procedures (as amended from time to time) <br /> for Resident use of the Playground Equipment. Said use of Playground Equipment is <br /> intended to be appurtenant to, and transferable with, the SBV Parcel because it is <br /> essential and necessary for the use of the SBV Parcel. <br /> (c) No Rights Vested in the General Public. Nothing contained herein <br /> shall ever be deemed to create any rights for the benefit of the general public, or to <br /> constitute any of the affected areas a dedicated public thoroughfare for either vehicles <br /> and/or pedestrians or other lawful use. The owners of the SBV Parcel and the HCHA <br /> Parcel are hereby obligated to do all things needful to perpetuate the status of the shared <br /> uses created by this Agreement as private, including cooperating with each other in the <br /> periodic publication of legal notices or physically barring access to the affected areas as <br /> may be required by law for the purposes expressed in this paragraph; provided, <br /> however, that prior to closing off any substantial portion of the HCHA Parcel, as herein <br /> provided, the Party requesting such closing shall give written notice to the other Party <br /> of its intention to do so, and shall attempt to coordinate such closing with the other <br /> Party so that no unreasonable interference with the passage of vehicles or passage of <br /> pedestrians shall occur. <br /> Section 2. Construction, Installation or Maintenance Work. Any work or <br /> improvements undertaken hereunder in connection with the construction, installation or <br /> maintenance of the Playground Equipment and playground area contemplated by this Agreement <br /> shall be performed in such a manner so as to not unnecessarily interfere with the operation of the <br /> HCHA Parcel, shall be done in a good and workmanlike manner, and all subcontractors, <br /> suppliers, laborers, mechanics and materialmen for all material and labor supplied for <br /> construction of, or repair or maintenance to, the infrastructure or improvements shall be timely <br /> paid so as to prevent any liens from being filed against the HCHA Parcel <br />
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