Agenda - Council - 07/11/2023 - Laserfiche WebLink

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C. Temporary Construction Easement. The Parcel B Owner grants to the Parcel A Owner, its contractors and agents, a temporary construction easement over, under, across and upon Parcel B adjacent to the Drive Lane for the purposes of constructing the Drive Lane and installing public utilities within the Drive Lane Easement Area, which temporary construction easement shall automatically terminate on the earlier of the completion of the Drive Lane or Easement Area or twenty four (24) months following the date of this Agreement. 4. Continuous Access. Following the construction of the Drive Lane by the Parcel A Owner, which shall be performed by the Parcel A Owner, lien free, in a good and workmanlike manner and at the Parcel A Owner's sole costs and expense, the Owners shall not do or permit anything on or to the Drive Lane Easement Area which may materially impede, limit or restrict the other Owner's use thereof other than temporary periods for repair, replacement, or construction purposes, All maintenance and repair work done within the Drive Lane Easement Area shall be performed in such a manner so as to cause as little interference as reasonably possible with the continuing use thereof for the purposes set forth herein, in light of the maintenance and repair work being done. 5. Maintenance of the Drive Lane Easement Area. A. Until such time as a Certificate of Occupancy for Parcel B is issued, Parcel A Owner shall be solely responsible for all repair, replacement, snow removal, and other maintenance to the Drive Lane Easement Area and to keep the Drive Lane in a good and useable condition (the Maintenance). B. Once a Certificate of Occupancy for Parcel B is issued, the Parcel A Owner shall continue to be responsible for the Maintenance, and shall bill the Parcel B Owner fifty percent (50%) of the costs of the Maintenance, which shall be payable upon thirty (30) days of receipt of such bill; provided, however, that in the event damage occurs as a result of an Owner's or its contractors, tenants, guests, employees, agents, and other invitees (Permitted Users) use of the Drive Lane Easement, all costs for such maintenance or repair shall be paid for by the Owner, whose Permitted Users caused such damage. C. If either Owner fails to perform its obligations under the provisions of this Agreement within thirty (30) days after written notice from the other Owner (or two (2) business days after written notice from the other Owner in the case of snow removal), then such other Owner may, but shall not be obligated to, perform the obligations of the non -performing Owner. The non -performing Owner shall reimburse such other Owner who performed such obligations on the other Owner's behalf for all expenses incurred by the other Owner in performing such obligations. Reimbursement for such expenses shall be made within thirty (30) days after the applicable Owner submits proof of said expenses to the non -performing Owner, and any expenses not reimbursed within thirty (30) days shall collect interest at a rate of twelve percent (12%) annually thereafter until paid. 6. Indemnity A. Parcel A Indemnity. The Parcel A Owner shall indemnify, defend and hold harmless the Parcel B Owner from and against any and all claims, demands, losses, damages, costs and expenses (including but not limited to court costs, penalties and reasonable attorney's fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or occupancy of the Drive Lane Easement Area by the Parcel A Owner, its assigns or licensees, or arising in any manner out of the acts or omissions of the Parcel