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R2003-146 AUTHORIZING FIRST AMENDMENT
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R2003-146 AUTHORIZING FIRST AMENDMENT
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1/12/2016 11:34:50 AM
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Resolution/Ordinance
Res Ord Num
R2003-146
Res Ord Title
AUTHORIZING FIRST AMENDMENT TO PURCHASE AGREEMENT - TARGET CORPORATION
Approved Date
9/29/2003
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purposes and/or promotional activity. The term "Promotional Area" shall specifically exclude <br /> any Outside Sales Area defined in Section 1.10 above. <br /> 1.15 Restaurant "Restaurant" shall mean an establishment primarily engaged in the <br /> retail sale of prepared food. A "sit down Restaurant" shall mean a Restaurant wherein customers <br /> usually arrive by automobile and are seated within the premises, including both self-service and <br /> table service establishments, although a "sit down Restaurant" may offer carry-out foods and <br /> beverages. <br /> 1.16 Tract "Tract" shall mean that portion of the Shopping Center owned by a Party. <br /> 1.17 Utility Lines "Utility Lines" shall mean those facilities and systems for the <br /> transmission of utility services, including the drainage and storage of surface water. "Common <br /> Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service <br /> to both the Developer Tract and the Target Tract. "Separate Utility Lines" shall mean those <br /> Utility Lines which are installed to provide the applicable service to either the Developer Tract <br /> or the Target Tract. For the purpose of this OEA, the portion of a Utility Line extending between <br /> a Common Utility Line and a Building shall be considered a Separate Utility Line. Utility Lines <br /> installed pursuant to this OEA shall only provide service necessary for the development and/or <br /> operation of the Shopping Center. <br /> ARTICLE II- EASEMENTS <br /> 2.1 In er�E�,ress and Parking <br /> (A) During the term of this OEA, each Party hereby grants and conveys to <br /> each other Party for its use and for the use of its Permittees, in common with others entitled to <br /> use the same, a non-exclusive easement for the passage and parking of vehicles over and across <br /> the parking and driveway areas of the grantor's Tract, as the same may from time to time be <br /> constructed and maintained for such use, and for the passage and accommodation of pedestrians <br /> over and across the parking, driveways and sidewalk areas of the grantor's Tract, as the same <br /> may from time to time be constructed and maintained for such use. The easement herein <br /> established shall be appurtenant to and for the benefit of each grantee's Tract, and shall be <br /> binding on, enforceable against and burden each grantor's Tract. Such easement rights shall be <br /> 6 <br /> #592904 v5-OEA-Decahu <br /> 9/19/2003 <br />
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