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AgdaPkt 2004-06-28
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AgdaPkt 2004-06-28
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Last modified
7/16/2012 4:04:41 PM
Creation date
6/24/2004 4:04:09 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
6/28/2004
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C� � 1- � � I `� . <br /> and the legal description of Parcel B shall continue to encompass the Public Parkin� <br /> Facility. Each parcy hereby grants the other a perpetual easement for any encroachment <br /> which occurs in connection with or as a result of such natural or normal subsidence or <br /> other movement. <br /> Section 5. Use of Easements. The use of the easements granted pursuant to <br /> this Agreement is subject to the conditions stated below. These conditions are general in <br /> nature and are subordinate to any specific language contained in the section creatin= a <br /> �iven easement. <br /> � a. In the exercise of any the rights granted under any easement, there <br /> shall be no unreasonable interference with the use of the parcel of the party granting the <br /> easement beyond that necessary to fulfill the stated purpose of the easement, or as <br /> otherwise specified. Except in the case of emergency repairs where such notice is not <br /> practicable, reasonable notice shall be given before the exercise of a right under the <br /> Developer Repair Easement or the City Repair Easement or a right relating to repair <br /> under the Developer Utility Easement and/or the City Utility Easement. <br /> b. The right to use the Developer Access Easement, the Vehicular <br /> Access Easement and/or the Pedestrian Public Parking Facility Access fiasement may be <br /> extended by the holder of such easement to its customers, invitees, employees, tenants <br /> (and the customers, invitees and employees of the tenants), subtenants, suppliers, agents <br /> and contractors, and in the case of the Vehicular Access Easement and the Pedestrian <br /> Public Parking Facility Access Easement to the general public. <br /> c. The right to use the Developer Utility Easement and/or the <br /> De��eloper Repair Easement may be extended by the Developer for the use by its <br /> employees. subtenants, concessionaires, suppliers, agents, contractors and to any person <br /> who is a tenant in the Retail Cinema and their respective employees, subtenants, <br /> concessionaires, suppliers, agents or contractors. <br /> d. The right to use the City Utility Easement and/or the City Repair <br /> Easement may be extended by the City for the use by its employees, concessionaires, <br /> suppliers, agents or contractors. <br /> e. Any exercise by the Developer of its rights under easements <br /> Qranted hereunder is subject to the normal City review, processing and permit procedures <br /> and nothing contained herein shall be deemed an agreement to waive or modify such <br /> processes and procedures. <br /> Section 6. Maintenance of Easements. <br /> a. All utility lines and other equipment installed or used in connection <br /> with the Developer Utility Easement which pass through or are installed in the Public <br /> Parking Facility for the benefit of the Retail Cinema will be maintained and repaired at <br /> no expense to the City. <br /> RE DW\0002\007-9PREF. DOC <br /> 6�25\04 1130 law <br /> 6 <br />
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