8569-12 Easement agreement with Discount Drug Mart

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(a) Common Access Drive: Lakewood grants to the Drug Mart Parcel and its successors and assigns an easement and right of way across that portion of the "Common Access Drive" (as defined below) located upon the Lakewood Parcel for the sole purpose of vehicular and pedestrian ingress and egress, in order to establish common access entrance and exit to and from the Parcels for vehicular and pedestrian access to and from both the Drug Mart Parcel and the Lakewood Parcel. The "Common Access Drive" is an area consisting of (_~ feet of land on the Lakewood Parcel, identified with cross hatching on the site plan attached hereto as Exhibit C ("Cornmon Access Drive") which is referred to as the "Site Plan". Drug Mart and Lakewood each covenant and agree not to -park cars or other vehicles within the Common Access Drive except where striped and permitted by Lakewood but in no case to hinder the flee ingress and egress of pedeshians and vehicles and to take such other steps as may reasonably be necessary to avoid temporary obstructions of traffic within the Common Access Drive. Drug Mart and Lakewood shall each use the Common Access Drive with due regard for the rights of each other to use the same, and no person or party shall use or permit the use of the Common Access Drive in any manner which impairs the rights of others to its use, particularly to assure ongoing access by emergency medical personnel, fire, police ambulance and other public safety and law enforcement officials and agencies who have a right and need to be upon the Common Access Drive. Lakewood hereby grants to Drug Mart and its successors and assigns, anon-exclusive easement and right of way over that portion of the property owned by it within the Common Access Drive in order to perform maintenance on its property within its property line. Lakewood shall use commercially efforts in order to maintain the Common Access Drive in a good condition and of not less than the quality of construction existing at the time of execution of this Agreement. The legal description for the Common Access Drive easement on the Lakewood Parcel is described in detail on the attached Exhibit D. (b) Rubbish Collection System Easement: Lakewood also grants to the Drug Mart Parcel, its successors and assigns an exclusive, rubbish collection system easement, which with reference to the Drug Mart Parcel and Lakewood Parcel, is graphically depicted on Exhibit E attached hereto and incorporated herein by reference. Drug Mart and its successor in interest shall be responsible for maintaining the rubbish collection system and apparatus exclusively within its control. The rubbish collection system easement shall automatically be revoked upon passage of ninety (90) consecutive days of grantee failing to use such area for rubbish collection purposes. 3. Maintenance. (a) Lakewood shall be solely responsible for the performance of the maintenance, repairs and replacements necessary to maintain the Common Access Drive located on its real property in good condition and repair, including without limitation, keeping the Common Access Drive free from obstructions (other than ice and snow), re- sealing, re-striping, repairing potholes, and replacing the cement or asphalt surface when necessary (collectively, the afore described work being hereinafter referred to as the -2-