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200109052 <br />D. Phase I and Phase II are hereinafter referred to singularly as a "Phase" and both <br />collectively as "Phases ". <br />E. The Phases are intended for use as a fully integrated multi - family housing <br />complex (the "Project "), each, at a future date, with separate ownership as <br />described above and with the joint use of common facilities as hereinafter <br />described. <br />F. Pedcor I and Pedcor II intend to provide upon the terms and conditions hereinafter <br />provided for the provisions of easements and licenses for the effective operations <br />of the Phases, all upon the terms and conditions hereinafter set forth. <br />NOW, THEREFORE, the following easements and licenses are hereby declared: <br />Reciprocal Roadway Access Easements. Pedcor I hereby declares, for the <br />benefit of Phase II, and to be appurtenant to Phase II and for the use and benefit of <br />Pedcor II's tenants, officers, employees, agents and invitees and such tenants' <br />invitees and guests, a conditional non - exclusive right, privilege and easement for <br />vehicular and pedestrian use for ingress and egress to and from Phase II, to and <br />from the public roadways contiguous to Phase I and to and from the Recreational <br />and Maintenance Facilities (as hereinafter defined), on, over, across and upon that <br />portion of Phase I on which are located roadways described and graphically <br />depicted as roadways on Exhibit C attached hereto and made a part hereof as the <br />same may be modified or relocated from time to time by Pedcor I (hereinafter <br />referred to as the "Roadway Access Easement "). As a precondition to the <br />development of Phase II and the use of the Roadway Access Easement, Pedcor II <br />shall grant a reciprocal easement to Pedcor I as to any such facilities to be located <br />on Phase II. <br />2. Reciprocal Recreational Facilities and Parking Easements. Pedcor I hereby <br />declares, for the benefit of Pedcor II, and to be appurtenant to Phase II and for the <br />benefit of Pedcor II's tenants, officers, employees, agents and invitees and such <br />tenants' invitees and guests, a conditional non - exclusive right and easement to use <br />and enjoy the swimming pool, clubhouse (which include office, maintenance and <br />laundry facilities) and other recreational facilities (which include a picnic area, <br />pool, playground and clubhouse) (all of which are described and depicted in <br />Exhibit C) and the parking areas (all of such depicted as the parking spaces on <br />Exhibit C (all of such facilities collectively referred to as the "Recreational <br />Facilities ") on the same terms and conditions that the same are available for use <br />by the tenants, officers, employees, agents and invitees and such tenants' invitees <br />and guests of Phase I (the "Facilities Easement "). As a precondition to the <br />development of Phase II and the use of the Facilities Easement, Pedcor II shall <br />grant a reciprocal easement to Pedcor I as to any such facilities to be located on <br />Phase II. Notwithstanding anything to the contrary herein contained, in no event <br />shall Pedcor I be obligated to construct any Recreational Facilities. <br />AAEasement & License Declaralion.doc 2 <br />