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

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(ii)Construction and Maintenance. The HIA will construct roadway improvements within the Nest Access Easement Property (the "'West Access Improvements"). The owner of Lot I must maintain, repair and replace th'e West Access Improvements in clean, safe and otherwise first-class condition and state of repair and in compliance with all applicable laws, codes, regulator} and insurance requirements. Maintenance includes, but is not limited to, the removal and disposal of snow. The Owner of Lot 1 must perform its maintenance, repair and replacement obligations in a manner that does not unreasonably interfere with the use or enjoyment of the West Access Easement Property for its intended poses. The Owner of Lot 1 may sweep the West Access Improvements and may remove snow from the west Access Improvements without prior notice to other Owners. If the owner of Lot 1 intends to perform maintenance, repair or replacement work other than sweeping or snow removal on Lot 2 or on Lot 3, the owner of Lot 1 must give notice to the Owner or owners of the Lot or mots upon which the maintenance, repair or replacement work will be undertaken at least seven days before commencing the work. (iii)Maintenance, Costs. The costs of performing the maintenance, repairs and replacements described in Article III, Section .A.ii (the "West Access Easement Maintenance Costs" shall be allocated between the Owners of Lot I, Lot 2 and Lot 3. The Owner of Lot 1 is liable for thirty-three and eight tenths percent (33.8%)of the west Access Easement Maintenance Costs; the Owner of Lot 2 is liable for forty and one tenth percent 0.1% of the west Access Easement Maintenance Costs; and the owner of Lot 3 is liable for twenty-six and one tenth percent 2 6.1 % f the West Access Easement Maintenance Costs. Article HI, Section 3 of this Declaration describes the Owners obligations with respect to the payment of maintenance costs. Any of the owners of Lot 1, Lot 2. and Lot 3 will have the right to secure timely bids from responsible contractors to do the maintenance work described in Article III, Section .A, ii , all of which contractors will be at least of equal duality. If the Owner of Lot 1 elects not to use the contractor who has made the lowest responsible bid, then the hid of the contractor making the lowest responsible hid will be used for the purpose of determining eachOwner's reimbursement obligation with respect to the West Access Easement Maintenance Costs. B. East Access Easement& (1) Grant of Easement. The HRA declares a perpetual, non-exclusive, appurtenant easement over, under and across the portion of the 474 i 7