200510796 - Laserfiche WebLink

Browse

200510796 Easement or on the property of the other party. No party shall be permitted to place any fence, gate or other addition or improvement on any part of the surface of the Access Easement that will adversely affect the use of the Access Easement for ingress and egress by pedestrians and vehicles without the prior written consent of the owner of the other property. Any such addition or improvement placed by Northcott or Edgemark on the surface of the Access Easement in violation of this Section may be removed by the other owner without liability for such action. (ii) Construction and Maintenance; Costs. In connection with the development of the Edgemark Parcel, Edgemark may expand the access, as shown on the Access Easement and construct the new curb cuts and other improvements, at Edgemark's sole cost and expense. Except for the construction of the expanded access pursuant to the preceding sentence, which shall be paid by Edgemark, Northcott will repair, maintain, reconstruct and replace the portion of the Access Parcel located on the Northcott Parcel in accordance with the terms of this Agreement and Edgemark will repair, maintain, reconstruct and replace the portion of the Access Parcel located on the Edgemark Parcel in accordance with the terms of this Agreement. Each party's repair, maintenance, reconstruction and replacement work with regard to the Access Parcel will include, but is not limited to, snow removal and patching and repairing of the surface. (b) Access Easement for Repair Work. Any owner who engages in construction or repair work as described in this Section 1 shall have the right to enter onto the property of the other, to make necessary excavations or to do other work to the extent that it may be reasonably necessary in connection with such work. When entering onto the property of the other party, the party shall take and observe due precaution and care to protect the property of the other party and shall restore any damage to the other party's property resulting from such access. (c) Damage or Destruction Caused by a Party. In the event the Access Parcel is damaged or destroyed by a party (the "Responsible Party ") (or such party's contractors, employees, agents, guests or invitees), then the Responsible Party shall repair and replace the damaged or destroyed improvements to their condition immediately prior to the occurrence of the damage or destruction. All such repair and replacement work shall be done using the same material or similar material of the same quality as that used in the original improvements. If the Responsible Party fails to perform the repair and replacement work within 30 days after the event of damage or destruction, the other party (the "Neighbor Party ") may, in such party's sole discretion after providing 15 days written notice to the Responsible Party of the Responsible Party's failure, undertake or cause to be undertaken such repair and replacement work. If the Neighbor Party undertakes any such action, the Responsible Party will promptly repay (pursuant to Section 3 below) any amounts reasonably incurred by the Neighbor Party in such undertaking upon the Neighbor Party's submission of the related invoices to the Responsible Party. If the damage or destruction was attributable in part to both parties (or to their contractors, employees, agents, guests, or invitees), then the repair and replacement costs will be prorated between the parties based on percentage of responsibility for the damage or destruction. The Neighbor Party's exercise of its rights under this Section 1(c) will not have the effect of waiving any other available remedy, nor will the Neighbor Party's failure to exercise its rights under this Section 1(c) at one time waive the right of the Neighbor Party to exercise its rights under this Section 1(c) at any other time. ;31081.120.10/18 /2005 05:33 PM.JEPE.A0209405.DOC;3j 2