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200206846
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Last modified
10/15/2011 1:01:12 AM
Creation date
10/22/2005 8:57:02 PM
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DEEDS
Inst Number
200206846
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200206846 <br />name the other Party as an additional insured. Continuous Certificates of Insurance shall be <br />furnished by one Party to the other Party. <br />1.05 The Access Easement Area granted herein shall not include the right of any <br />Party to construct and /or alter any improvements upon the other Party's Parcel. <br />1.06 Nothing contained herein shall be deemed to be a gift or dedication of any <br />portion of the Access Easement Area to the general public. <br />1.07 Notwithstanding anything contained herein to the contrary, each Party reserves <br />the right to eject any person or persons not authorized hereby, and to close off portions of the <br />Access Easement Area for reasonable periods of time as may be legally necessary to prevent <br />the acquisition of prescriptive rights by anyone. <br />1.08 Neither Party shall allow any of its respective permittees, including, without <br />limitation, employees and customers, to park on the other Party's Parcel. In addition, the <br />Access Easement Area shall be kept clear of parked vehicles at all times, subject to the <br />provisions of Section 1.09. The easements granted herein are for the purpose of ingress and <br />egress only and shall not confer any right to park motor vehicles on the other Party's Parcel. <br />Each Parcel shall have its own separate and independent vehicle parking areas sufficient to <br />satisfy the parking requirements of their business. Each Party agrees to use reasonable efforts <br />to enforce this Section 1.08. <br />1.09 Each Party (i) acknowledges that, from time to time, its use or the use of their <br />permittees of the Access Easement Area may be interrupted for reasonable periods of time as <br />a result of construction, maintenance or repair to the Access Easement Area or to any <br />improvement by a Party on such Party's Parcel, (ii) expressly consents to such interruption, and <br />(iii) acknowledges and agrees that each Party shall not, in any event whatsoever, be liable as a <br />result of such interruption. If it is determined that the interruption will exist for longer than one <br />(1) business day, the party causing the interruption (to the Access Easement Area) shall inform <br />the other party, in writing, of its intention to do so and obtain the other party's agreement prior <br />to commencing the cause of such interruption. <br />1.10 This Agreement contemplates the construction of a driveway on the Carpenter - <br />Redman parcel. Said driveway would connect the AutoZone Easement Area and the Carpenter - <br />Redman Easement Area allowing access for both the AutoZone Parcel and the Carpenter - <br />Redman Parcel between Broadwell Avenue and Harrison Street. Carpenter- Redman and their <br />successors and assigns shall have the right, but not the obligation to construct said driveway. <br />This right is subject to, Carpenter- Redman verifying and receiving prior written approval from the <br />City stating that the construction of the driveway and all work associated with it, including <br />changes to the AutoZone Parcel (further described below), will not violate any existing code, <br />rule or governmental regulation and/or ordinance, regarding AutoZone's occupancy and/or <br />AutoZone's compliance with any or all of said codes, rules and governmental regulations and/or <br />ordinances. The easement contemplated by this Agreement will not take effect until such time <br />as the driveway is completed. <br />It is understood and agreed to by the parties that in order to construct the contemplated <br />driveway, approximately twenty- four (24) feet of the curb running along the westerly boundary <br />of the AutoZone Parcel, as well as, three (3) AutoZone parking spaces abutting this portion of <br />AZ 1656 Reciprocal Driveway Easement 04O8.doc <br />
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