9080-19 18100 Detroit Purchase - Laserfiche WebLink

Home Browse Search

"Emerald Property" has the meaning ascribed thereto in Recital Paragraph A of this Agreement. "Lakewood Property" has the meaning ascribed thereto in Recital Paragraph A of this Agreement. "EMERALD Driveway Easement Area" means that certain parcel within the Emerald Property which is shown or described on Exhibit "D" attached hereto and by reference made a part. hereof. "Lakewood Project" means the construction of the Annex/Addition to the current and adjacent Lakewood firehouse approximately within the Firehouse Addition footprint identified in Exhibit E and development of four head -in parking spaces and 7 diagonal parking speces on the remainder of the Lakewood Property in the locations as shown on the Exhibit "E ", together with the removal of the existing parking island and reconfiguration and reconstruction of a new landscaped parking Island as depicted on Exhibit E and after substantial completion of the Lakewood Project the resurfacing of the Asphalt Lot as shown on Exhibit E to include milling two inches of existing blacktop and its blacktop replacement and striping of the parking spaces (also collectively referred to herein as the "Lakewood Improvements "). ARTICLE II. EASEMENTS 2.1 Emerald Driveway Easement. Emerald does hereby grant and convey to Lakewood, its successors and assigns, a non - exclusive, perpetual access easement appurtenant to the Lakewood Property for the purpose of vehicular and pedestrian ingress and egress over, across and through the Emerald Driveway Easement Area as shown on Exhibit D, and specifically for the purpose of providing the Emerald Driveway Easement Area as a route for vehicular access from the public right of way to and from the four (4) offstreet parking spaces as designated on the Site Improvement Plan attached hereto as Exhibit E. Emerald retains the right in the future to alter the location of the Emerald Driveway Easement Area so long as access to and from the public right of way is reasonably provided across the Emerald Property. If and when Emerald alters the easement area, it shall give written notice to Lakewood and file an amendment to the Agreement which Amendment shall not require the signature or approval of Lakewood. Emerald does hereby also grant and convey to Lakewood, its successors and assigns, a temporary construction easement over and across the Emerald Access Easement Area in order to construct the Lakewood Improvements. Such temporary easement will have a term extending no more than 360 days following the commencement of construction of the Lakewood Improvements, except that Lakewood may seek an extension of the temporary easement for a commercially reasonable period of time, the consent for which Emerald shall not unreasonably withhold. Lakewood agrees that the contractor(s) performing work within the Emerald Access Easement Area must be licensed and must maintain worker's compensation insurance and liability insurance, and Lakewood will require such contractor(s) to restore any paving and landscaping disturbed by its work. Emerald reserves the right to use the Emerald Access Easement Area for any lawful purpose, provided that such use will not interfere with Lakewood full enjoyment and use of the easement granted in this Section 2.1. The easement granted in the first sentence of this Section 2.1 is effective immediately. The 2 Active 29774149v8 999900.944285