2007 019 Resolution - Laserfiche WebLink

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expansion of the east and south sides of the building and the North Entrance (as defined below). F. Pursuant to Village Codified Ordinances Chapter 1149, the Village Planning and Zoning Commission has granted Heinen's a conditional use permit (the "Conditional Use Permit"), for the use of 308 square feet of Village owned land, provided that the Village and Heinen's enter into certain agreements (e.g., ground lease and parking easement) granting Heinen's the right to use the current Civic Center parking lot located on the Village Parcel for the North Entrance and shared parking. A copy of the Conditional Use Permit is attached hereto as Exhibit D. G. Heinen's and the Village now desire to memorialize their agreements relating to the expansion and refurbishment described above. Rather than entering into a separate ground lease and parking easement, the parties desire to collectively memorialize their understandings and agreements in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owners hereby agree as follows: 1. Grant of Easements. (a) North Entrance. Village grants to Heinen's, for the use and benefit of Heinen's and its Invitees (as defined below) and the Supermarket Parcel, a perpetual and exclusive easement on, through, across and under that portion of the Village Parcel described in Exhibit E, attached hereto (the "North Entrance Area"), for Construction and Maintenance (as defined below) of an addition to the building located on the Supermarket Parcel (the "North Entrance"), together with the right to enter onto the Village Parcel to the extent necessary for the Construction and Maintenance of the North Entrance. (b) Ingress and Egress. Village grants to Heinen's, for the use and benefit of Heinen's and its Invitees and the Supermarket Parcel, a perpetual and non-exclusive easement on, through and across the Village Parcel for pedestrian and vehicular ingress and egress to and from Wilson Mills Road to the Supermarket Parcel. The Village shall have the right to relocate such driveways from time to time; provided that, the Village shall maintain at least one driveway providing access from Wilson Mills Road to the Supermarket Parcel at all times. (c) Parkin .. Village grants to Heinen's, for the use and benefit of Heinen's and its Invitees and the Supermarket Parcel, a perpetual and non-exclusive easement on, through, across and under the Village Parcel for parking on that portion of the Village Parcel described in Exhibit F attached hereto, consisting of thirty (30) parking spaces (the "Parking Area"). (d) Definitions. For the purposes hereto, (i) the term "Construction and Maintenance" shall mean construction, installation, use, operation, maintenance, repair, replacement and reconstruction and (ii) the term "Invitees" shall mean all patrons, customers, employees, contractors, agents, representatives, guests, and visitors of Heinen's.