2007 019 Resolution - Laserfiche WebLink

Home Browse Search

2. Conditions. (a) The easement granted in Paragraph 1(a) for the North Entrance is conditioned upon the issuance and continued effectiveness of the Conditional Use Permit by Village to Heinen's or receipt by Heinen's of such other zoning approvals by Village necessary for the Construction and Maintenance of the North Entrance. In the event that the easement granted in Paragraph 1(a) is terminated as a result of the revocation or non-renewal of the Conditional Use Permit, but subject to Paragraph 2(c), Heinen's shall remove the North Entrance from the Village Parcel at its sole cost and expense within one hundred eighty (180) days after such termination. (b) The easements granted in Paragraph 1(a), Paragraph 1(b) and Paragraph 1(c) are conditioned upon Heinen's not changing the principal use of Supermarket Parcel from a grocery store or food market to a different use. (c) Village shall have the right to terminate (i) the easement granted in Paragraph 1(a) if the condition provided in Paragraph 2(a) is violated and (ii) the easements granted in Paragraph 1(a), Paragraph 1(b) and Paragraph 1(c) if the condition provided in Paragraph 2(b) is violated, upon sixty (60) days written notice to Heinen's, which written notice shall identify the condition that has been violated (the "Tertnination Notice"); provided, however, if during such sixty (60) day period Heinen's satisfies the condition identified in the Termination Notice, the Termination Notice shall be deemed null and void and this Agreement shall continue in full force and effect. 3. Covenants. (a) Heinen's agrees to pay for, as and when due, all electric current, gas and water furnished to the North Entrance, including sewer taxes, rental and surcharges, directly to the supplying utility company or municipality. (b) Heinen's agrees that (i) the North Entrance shall be occupied and used by Heinen's in a careful, safe and proper manner, (ii) no nuisance, trade or occupation which is known in insurance as extra or especially hazardous shall be permitted thereon, that no waste shall be committed or pertnitted upon, or damage done to the North Entrance Area and Heinen's shall pay, within thirty (30) days of written request from the Village for any damages to the North Entrance Area suffered or caused by Heinen's or its Invitees, reasonable wear and tear excepted and (iii) that the North Entrance Area shall not be used for any outside storage or for the delivery of goods and materials, or loading or unloading of any goods or materials. (c) Village agrees to have constructed by the Heinen's contractor, at the sole cost and expense of Heinen's, in coordination with the expansion and refurbishment of the supermarket facility described in the Heinen's Letter, the following improvements to the Village Parcel, (the "Village Improvements"): (i) asphalt or concrete driveways, including curbs, signage and lighting, that provide access (x) from Village Parcel to the east parking area of Supermarket