RecDoc 2016-063770 City Center Plaza

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. . . _, _ r. . ,. , . . . i :.e. . :, • REA. then Grantee is hereby granted an cuscntent for access in the scrvicnt tenement For Restoratinn of such ' Common Structural components. provided that Grantor is afforded a reasonable time to decide whether or not to I Restore, and if Grantor decides nut to Restore in a reasonable done to market such Parcel to u prospective new • Owner who agrees to undertake Restoration. if Grantee effects Restoration of Common Structural Components on the Grantor's Parcel, such Restoration shall he undertaken so, as to minimize, to the extent consistent with the ' circumstances, the effect of such Restoration on any improvements remaining on, and the future devctopinent potential of, the Grantor's Parcel. 3.5 Encroachment Easements. - (I) Each Parcel hereby grunts to each of the other Panics an easement on iii Parcel(s)for the purpose of accommodating any encroachment due to engineering error, errors in original construction, reconstruction, repair, settlement or shifting or movement of the Improvements, or any similar cause. • tr (2) There shall be valid easements for the maintenance of said encroachments so long as they 01 . exist, and the rights and obligations of the Parties shall not be altered in any way by said encroachment; provided. howe.':r, that in no event shall a valid easement for encroachment be created as a result of a Party's willful - ' misconduct, CD w • (3) If the Improvements are partially or totally destroyed. and then repaired or rebuilt in • •.A•• ' substantially the same manner as originally constructed.the Parties agree that minor encroachments over the abutting rV Parcel shall be permitted and that them shall be valid easements for the maintenance of said encroachments so long • • as they exist. 3.6 Use and Maintenance of Easements. •.•-•-, - ;r (1) Each Grantee agrees to use due care in exercising the rights granted under this Article 3. - and to comply with all npplit.able Laws and any governmental appmval, permit or license. ., (2) . Grantee's use of the easements shall not unreasonably interfere with or• interrupt the . operations of the sea lent tenement, and shall not derange, injure or otherwise adversely affect Grantor's Improvements (including the structural integrity thereat). .' . (3) Before entering upon Grantor's Parcel to exercise Grantee's rights hereunder,Grantee shall . • •• first obtain Grantor's consent as to the methods and timing in exercising such rights, which consent shall not be unreasonably withheld or delayed. . - • (4) Each Grantee, at its expense, shuli. promptly' repair, replacetor.restore any and all of, . - .. " -Grantor's improvements which have been disturbed, damaged or destroyed by Grantee in exercising the easements granted under this Article 3 to substantially the same condition as before such exercise commenced. • • (5) • The Owners shall not enter into any agreement, make any'''conveyance or transfer any interest in all or any portion of its Parcels or do or suffer any other act which would unreasonably interfere with the use and enjoyment of the eacements'by the beneftttcd,Parcels. . (61 Except us otherwise provided in this REA, each of the Owners shall maintain and repair. - - at its cost and expense. the Improvements owned by it within which the easements are located,in such condition and • i) to such extent as is neceoary in that no unreasonable interference with the use and benefit of the easements results; • . . provided. however,the obligations to maintain and repair the Improvements within which the easements are located . shalt be limited to normal and routine maintenance and repair activities, ' • 3.7 Locution of Easements. • . It • (I) The location of all easements under this Article 3 (including any changes in locution . • , • w a: • • . . , • • . • • ' , • .• . . . • . . • • l • f ' • -• • • ' • .' . • • • • • • • , , •