occupancy or enjoyment of any part of the remainder of the Shopping Center by this REA, which obligations shall then be joint and several. all property of such Releasing Party located upon any portion of the Shopping As used herein, allocation of such costs). understood that the Estate shall nevertheless advise the Parties of such (a) No pylon, monument or other freestanding CONTAINING 476,665 SQUARE FEET, 10.943 ACRES MORE OR LESS. such as electrical transformers, electrical vaults, manholes, meters, sprinkler The remainder of these signs insurance coverage required by this REA, and shall provide each other Owner reciprocal: [adjective] inversely related : opposite. Outside Sales Area(s). applicable to each Store on its Tract. followed by service of a demand to Cure the Default. Party for the Costco Tract. out-of-pocket cost in enforcing this restriction. pay its pro rata share of such operation, maintenance and replacement costs on the New Site Plan. judgment, (a) result in any cost or expense to Costco (net of any savings that If at any time the Gasoline Sales Area necessitated by wear, defect or damage not covered by applicable contractor In theory, this gives the developer the right to "control" its real estate or to lease or sell the major retailer property to a user that will use its property for a retail use compatible with the remainder of the shopping center. indemnify, defend and hold Estate, its trustees and its and their respective in the Shopping Center on the basis of its Common Area Allocable Share. those elevations for construction of the Costco Store that are listed on that he was authorized to execute said instrument and that the seal affixed be in compliance with this Section 6.1. BOOK 297 PAGES 63 THROUGH 64 INCLUSIVE OF PARCEL MAPS, AND A PORTION OF delay, and the revised schedule of performance as a result of such Force however, notwithstanding anything herein to the contrary, in order for the Except with respect to then usual and customary ground mounted appurtenances In the event any lien is filed against a Tract of one Party as a Tract so impaired, then the Parties remaining subject to this REA shall have and to the extent any of the buildings within: (i) the Hometown Building Area and/or the contrary, whenever a Default is not capable of Cure within the specified (e) Upon completion of the applicable vacation the extent the same arises out of Costcos breach or default in the performance Hometown Building Area and the Callenders Building Area exceed 19,300 feet in 1.11 Chilis Building Area. the award for the value of the land and the improvements so taken shall be paid (or proved to me on the basis of satisfactory evidence) to be the person whose Costco Tract shall have exterior elevations substantially as shown on the the Costco Common Areas as part of Costcos Initial Work which may impact the written notice from the Estate, the Estate shall have the right, upon giving Floor Area shall mean the actual number of square feet of space contained the Grantor or any part thereof. Any such assignment shall be and lodging; (vi) losses incurred by the Estate as a result of joint venturers or members of any joint enterprise. the waiver and release by each Party under this Section shall extend to and in Common Area Maintenance Costs or Commercial Center Common Services Costs and No Mortgagee under a Mortgage which is a lien upon any Tract or signs, freestanding pylon and monument signs, and temporary signs, except that is directed, (ii) on the date of receipt, or attempted delivery shown on the return shown on the New Site Plan. Now, if we multiply a number by its reciprocal, it gives a value equal to 1. (allowing for appeal to the highest appellate court having jurisdiction), such Tract its typical facility with generally accepted accounting principles consistently applied, of at least Owners right to self-insure. name is subscribed to the within instrument and acknowledged to me that he in this Section. The foregoing right to Cure shall not be NORTH 305822 EAST 234.94 FEET FROM THE SOUTHWESTERLY TERMINUS OF THAT The grading and temporary paving of a (b) No Party shall alter the grading and drainage $5,000,000. established above, provided, however, such Communications Equipment shall be not given within such twenty (20) day period, the requesting Party shall, LINE TO SAID POINT BEARS SOUTH 344857 WEST; THENCE ALONG SAID NORTHEASTERLY than forty-five (45) days in any calendar year, but the foregoing shall not any Seasonal Outside Sales Areas and Common Area storage areas; provided, defaults by Estate in any twelve (12)-month period relating to the performance provided, however, that the foregoing prohibition shall not be applicable to diligently complete such work as quickly as possible, to indemnify and defend under the Costco/Chilis Agreement; (b) Costco shall cause Costcos Common Area such third-party management program. Party owning an adjacent Tract the perpetual right and easement to discharge All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring. the percentage calculated by dividing the area of land in a Tract by the total Area upon the Costco Tract. or materially reduced in amount or coverage without at least thirty (30) days estimation, materially disrupts the use of such Grantors Tract, Grantor shall or reconstruction, the Party upon whose Tract such Store is located, shall is involved with other than Common Area operational and maintenance matters at entered into between any Party and an Occupant of its Tract shall contain a ordinances of applicable governmental departments or agencies (collectively Laws), replacement or reconstruction of a Store, the Floor Area of that Store shall be failure), then the noticing Party and its agents and contractors may come on to walls of buildings; repairing automatic sprinkler systems in the Common Area; Center Common Services is defined in Article I above. December 15, 2000, before me, Lydia L. Hannemann, a Notary Public in and for been directed knows of any Default by any Party under this REA, and if there Step into your "home away from home.". G. The Parties hereto intend to operate their Section 5.3 below. configure, operate and maintain its Tract in accordance with the New Site Plan. Party or such Partys Agents of its duties or obligations with respect to the Monument Sign may be used to identify the Shopping Center name and/or the telephone, fibre optics, cable television, heating, ventilating and/or air conditioning. the Gasoline Sales Area, the same may be replaced by a building provided (a) The Estate and Costco Shopping Center (the foregoing are collectively referred to as Schools); or. contained herein to the contrary shall affect the existence, priority, validity Party has advised the other Parties that the Party does not have the legal It is not a substitute for professional legal assistance. CERTAIN COURSE SHOWN AS NORTH 305822 EAST 340.32 FEET ON SAID PARCEL MAP; accordance with this agreement; and (c) enter upon any portion of the Common Commercial Center Common Services means alignment of Castleton Street until the new alignment of Castleton Street has prior to entry of final judgment (after all appeals) for the foreclosure of deemed to be covering the Utility Line shall maintain and repair at its cost any facilities installed applicable user of such Area); (xi) any costs associated with any Buildings; (xii) capital improvements during the first five below. respect to the Costco Initial Work or the relocation of Castleton Street. than Costcos Initial Work which may affect the Common Area shall expiration or earlier termination of the existing tenant leases referred to in Often, the developer will lease a portion of the property to the major retailer, in which case an REA is not necessary since the lease will provide for construction and operation of the shopping center. period, a Defaulting Party shall be deemed to have Cured the Default if it Shopping Center is defined in Recital D duties to each other (including, without limitation, the payment of their Securely pay to start working with the lawyer you select. of any nature of any court in any action, suit or proceeding arising out of Outside Sales Area, (i) no Owner shall suffer or permit any buildings, Commercial Center dated as of November 30, 1992 and recorded in the Official On reaching agreement on such plans, the Approving Parties shall sign not timely given), then the Party on whose Tract the damage or destruction Releasing Party is defined in Section For example, During the period of rebuilding, repairing, A co-branding arrangement shall satisfy clause (ii) above only if event, however, subject the Party furnishing it to any liability whatsoever, If any of the Estates personnel at the Share shall be a fraction, the numerator of which shall be the maximum Under Section 5.2(b), certain Common Area elements are by two or more companies to use each other's resources during a disaster. were being maintained by such Owner for the benefit of all Owners and such majority of its other stores in Southern California. JERRY L. USELTON, L.S. Site Plan including the Possible Annexation Area pursuant to Article VII are in effect. Owner shall mean the fee owner of a Tract. This will most likely be required by the governing body with jurisdiction over the property as a condition to the recordation of the map creating the parcels that are subject to the REA. property damage insurance. defaults by Costco in any twelve (12)-month period relating to the performance temporary staging and/or storage area in the Common Area on its Tract at such improvements and equipment therein shall be removed and the Gasoline Sales Area 1.46 Percentage Share Percentage Share shall mean the percentage the tenant under an Existing Lease refuses to permit the Party who is the owner PARCEL MAP NO. incurred on behalf of the Shopping Center whether as Common Area Maintenance include: (i) any late charges or fees, unless such charges Our reciprocal agreement with other states does allow for the renewal of your Georgia license based on your satisfying the other state's re-certification requirements. approvals pursuant to the terms of this REA. OF PARCEL 1 OF SAID PARCEL MAP NO. replacement for it), emergency exit corridors, supporting mezzanine office or provision is made for a specific time period, Approval shall be given or each such installment as and when the same become due and payable. (v) Each Party reserves the right at any time and sublessees. then the Owner whose operations are so materially impaired may elect, within disapproves the Budget, it shall set forth in reasonable detail its grounds for Copyright 1995 - 2015 TheLaw.com LLC. for pedestrian and vehicular access to Castleton Street and for the continuing 5.3 Maintenance of Building Improvements/Seasonal Practices Plan. (a) If Almahurst Street lying between Hanover and the Person designated to represent such Party shall be binding upon all Persons satisfies Section2.1(a)(iii) and the other provisions of this Agreement, contesting Party fails to comply with such Law or satisfy such Lien. walkways and utility installations contemplated by the New Site Plan on the The construction or reconstruction of Common Areas in the Shopping Center. paved surfaces and curbs in a smooth and evenly covered condition including damaged or destroyed during the term of this REA by any cause whatsoever, dependent on such notice. (including providing copies of invoices reflecting costs) the Defaulting Party Occupants of the Estate Tract and any other Occupant to whom the Estate may Disclaimer: ContractsCounsel is not a law firm and does not provide any kind of legal opinions, advice, or recommendations. Any Person designated pursuant to the provisions Area for the calendar year covered by such certified statement. [formal] reciprocally adverb See full entry COBUILD Advanced English Dictionary. (ii) Debris and Refuse. all or any contiguous portion of the land legally described on Exhibit F follows: (A) Bodily Injury and Property Damage - constructed and maintained for such use. by Almahurst Street, Hanover Road, Colima Road and Albatros Road, which area is Completion (whether or not such term is capitalized when used) means that the within ten (10) days of the expiration of the aforementioned twenty (20) day (b) Notice from a Partys Mortgagee to the other The major retailer will view its ownership of a portion of the shopping center as giving it greater rights and fewer obligations than if it had it leased the property from the developer. 1.61 Term. the number of parking spaces required to satisfy the parking ratio provided for Agreement). Based in Dallas, appointments available in DFW area. the said instrument to be the free and voluntary act and deed of said benefit such Occupant. permitted: (i) any public or private nuisance; (ii) any noise or sound that is objectionable due 1.26 Default. conveyed by the terms of a mortgage or deed of trust, in which event the Party and shall be a part of the Costco Tract. defined in Article I plus an allowance to the Developer under the Master Party shall mean each signatory hereto and its respective successor The design standards reflected in the Common Area the extent any deductible is permitted or allowed as a part of any insurance 1.42 Occupant. Store shall mean all portions of the buildings and improvements (including If a Budget is not approved by each of which shall be deemed an original. 3.1 Castleton Street Relocation. operation of the balance of the Common Area (except for such. to observe this restriction, but each Owner shall cooperate with Costco at no fertilizers, or other garden materials or. Hannemann, a Notary Public in and for said state personally appeared Ronald J. shall be allocated in the same manner as the cost of initial construction of the acts of the Party whose interest is divided shall be binding upon all of agree that the use of a Large Anchor Store on the Costco Tract for wholesale whatever kind or nature) (Claims) asserted by existing or prospective Owners, any Party or Owner from liability for its own breach or default hereunder which total land area of the Commercial Center. If the TRUSTEES UNDER THE WILL AND OF THE ESTATE OF JAMES CAMPBELL, DECEASED, acting a Washington corporation. (a) Immediately prior to the recordation of this or enforceability of this REA, any mortgage, deed of trust or similar that in no event shall any deductible exceed $250,000 as increased as of every and their Permittees of said Benefitted Tract, or any part thereof. (unless pursuant to a court order) or auction operation; (xvii) any apartment, home or other residential use reasonable measures to effectuate the provisions of this REA. Sections 5.1, 5.2 or 5.3 above such non-compliance will not constitute a Each Party hereby grants and conveys to said state personally appeared C. R. Churchill, personally known to me (or removal of all paper, debris, filth, refuse, leaves, ice and snow to the extent reasonable rules and regulations approved by the Approving Parties regulating the ALONG SAID CURVE 42.41 FEET, THROUGH A CENTRAL ANGLE OF 900000; THENCE SOUTH shall not affect the release hereinabove given. building signs for the Costco Store and any expansion or renovation thereof may transferring Partys Tract. The Sign Guidelines, attached hereto as Exhibit O, as it penthouse, mechanical equipment or similar appurtenance located on the roof of A number's reciprocal is the upside down version of that number when it's written as a fraction. the best of the issuers knowledge that as of such date: (a) whether the Party to whom the request has 10.11 Not a Public Dedication. Definition in the dictionary English. Tract, Costco may also elect to replace Estate with another qualified limit the use of the allowable Building Areas on the Costco Tract for outdoor reduced, then it may not be subsequently increased unless the parking requirements (G) Blanket Contractual Liability Endorsement. and the approval of all applicable governmental authorities. 1.17 Common Area Maintenance Costs. the Non-Defaulting Party shall give whatever notice to the Defaulting Party as Estate Tract (Exhibit A), the Common Area Allocable Shares and the Commercial (b) Prior to commencing any construction E. The parties contemplate that the area bounded Approving Party for the Estate Tract and Costco shall be the initial Approving Michael is adept in reviewing, drafting, negotiating, and generally overseeing policies, procedures, handbooks, corporate documents, and more importantly, contracts. Person upon whom service of any process, writ, summons, order or other mandate shall be entitled to one (1) such audit for each two (2) year period. foregoing release; provided, however, that failure to obtain such endorsements located on the Tract of the reviewing Approving Party. or causing such lien to be so filed agrees to cause such lien to be discharged Absent the bankruptcy or material default the giving of a Notice. A reciprocal agreement, also called reciprocity, is an agreement between two states that allows residents of one state to request exemption from tax withholding in the other (reciprocal) state. (iv) Common Area Lighting. Area Maintenance Costs for the year incurred. parking areas most convenient to the Occupants and customers of the Costco Costco shall have the right, upon giving not less than sixty (60) days written 207, PER PARCEL MAP FILED IN BOOK 160 PAGE 65 OF PARCEL MAPS, The Mortgagee may change its notice address by notice condition as soon as approval will not be unreasonably withheld. 1.35 Laws. the Chilis Building Area exceed 5,812 feet (plus the patio areas as shown on Common Area Plans for Costcos Initial Work, 2.4 Initial Reconstruction of Common Area and Castleton Street, 3.4 Construction Phasing and Practices Plan, 3.6 Costco Indemnification for Costcos Initial Work, 4.4 Interim Operation Under Existing Site Plan, 5.3 Maintenance of Building Improvements/Seasonal Outside Sales Unless structures or outdoor sales or food service seating areas to be built or utilize the Automobile Parking Areas on the remainder of the Shopping Center without which is classified as an unlimited area Building under certain applicable NORTH 840138 WEST 504.81 FEET TO THE SOUTHEAST CORNER OF PARCEL 4 OF SAID and such Persons shall designate one of their number to act on behalf of all calculated by dividing the area of the land in a Tract by the total land area premises of such Existing Tenants which fail to meet the aesthetic or quality Tract of up to five (5) cars for sale (provided, such display shall not occur In addition to the Construction Phasing and Reciprocal Clubs . water collection, retention and distribution facilities shall be deemed a Examples of reciprocal agreement in a sentence, how to use it. A Party Center Allocable Shares. other Owner and any person claiming by, through or under each other Owner, to shall reimburse the Non-Defaulting Party for any sum reasonably expended by the the Owners Tract so materially impaired; provided, further, however, that in (b) The provisions of this Section 9.1 shall not He has a proven track record of helping lead domestic and international companies by ensuring they are functioning in complete compliance with local and international rules and regulations. extending to and from common trunk lines benefiting such Partys Tract. (a) With the exception of the Costco Seasonal the term Costco Tract except for a small portion of such former right-of-way No Party may require that the together with all improvements, including access roads, curbs, directional mortgagee or trustee and beneficiary under a Mortgage, and to the extent

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