Agenda - Council - 09/26/2023 - Laserfiche WebLink

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of a Utility Line on the City Property, Aldi shall restore the affected portion of the City Property to a condition equal to (the extent reasonably practicable under the circumstances) or better than the condition which existed prior to commencement of such work. 1.04. Temporary Construction Easement to Aldi. Subject to the terms and conditions set forth in this Agreement, City hereby grants and conveys to Aldi and its successors and assigns (including without limitation Aldi's employees, agents and customers), a non-exclusive temporary construction easement and right-of-way for the benefit of the Aldi Property to the extent needed in accordance with good construction practices, but only during a period of construction on the Aldi Property, on, over, across and through the City Property for the purposes of facilitating construction on the Aldi Property and providing a temporary means of access for construction vehicles to and from the Aldi Property and facilitating construction of such improvements on the Aldi Property. Such construction activities shall be performed in such a manner as to cause as little disturbance in the use of the City Property as is practicable under the circumstances. Similarly, construction activities shall be performed on the City Property so as to minimize interference with the business activities conducted on the Aldi Property. 1.05. Reciprocal Parking Easements (a) Subject to the terms and conditions set forth in this Agreement, Aldi hereby grants and conveys to City and its respective successors and assigns, as an easement appurtenant to the City Property, a permanent, non-exclusive easement and right-of-way for the purpose of passenger vehicular parking, over, across, and through the parking areas on the Aldi Property, as they may exist or be modified, from time to time. Aldi hereby reserves the right to use the foregoing easement areas. Aldi shall further have the right to relocate or otherwise modify any and all of such parking areas. The foregoing easement is to permit cross parking only by retail customers while they are visiting the City Property. Further, such parking easement shall be conditioned up on the following: (i) such parking rights in favor of the City Property shall not apply to, and City shall have no parking easement or other rights with respect to, that portion of the Aldi Property referred to herein and depicted on the Site Plan as "Aldi's Exclusive Parking Area", it being the agreement and intent of Aldi and City that Aldi shall have the sole and exclusive use of Aldi's Exclusive Parking Area; (ii) City shall maintain the parking spaces, including the number and width thereof, along with the parking spaces, parking lanes and parking bays, located on the City Property, at a minimum, in accordance with all applicable laws without variance therefor; (iii) the City Property shall contain sufficient parking spaces in order to independently comply with all governmental requirements (without variance) without reliance upon any parking spaces located on the Aldi Property; and (iv) City maintaining parking spaces on the City Property and allowing Aldi to park on the City Property pursuant to Section 1.05(b) below. Except as set forth in this Section 1.05, no easement for vehicular parking upon, over and across the Aldi Property is granted by this Agreement. (b) Subject to the terms and conditions set forth in this Agreement, City hereby grants and conveys to Aldi and its respective successors and assigns, as an easement appurtenant to the Aldi Property, a permanent, non-exclusive easement and right-of-way for the purpose of passenger vehicular parking, over, across, and through the parking areas on the City Property, as they may exist or be modified, from time to time. City hereby reserves the right to use the foregoing easement areas. City shall further have the right to relocate or otherwise modify any and all of such parking areas. The foregoing easement is to permit cross parking only by retail customers while they are visiting the Aldi Property. Further, such parking easement shall be conditioned up on the following: such parking rights in favor of Aldi Property shall not apply to, 3