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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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subject to the following reservations as well as the other applicable provisions contained in this <br /> 4EA: <br /> (i) Each Party reserves the right to close-off any portion of its Tract for such <br /> reasonable period of time as may be legally necessary, in the opinion of such <br /> Party's counsel, to prevent the acquisition of prescriptive rights by anyone; <br /> provided, however, that prior to closing-off any portion of its Tract, such Party <br /> shall give written notice to each other Party of its intention to do so, and shall <br /> attempt to coordinate such closing-off with each other Party so that no <br /> unreasonable interference with the passage of pedestrians or vehicles shall occur; <br /> (ii) Each Party reserves the right at any time and from time to time to exclude <br /> and restrain any Person who is not a Permittee from using its Tract; and <br /> (iii) Each Party reserves the right to temporarily erect or place barriers in and <br /> around areas on its Tract which aze being constructed and/or repaired in order to <br /> insure either safety of Persons or protection of property. <br /> (B) In addition to the general easement specified in Section 2.1(A), Developer <br /> hereby grants and conveys to Target for its use and for the use of its Permittees, and to the <br /> subsequent owners, occupants and Permittees of the portions of the Shopping Center designated ; <br /> as "Pad B" and "Pad C" on the Site Plan, in common with others entitled to use the same, and I <br /> subject to the reservations set forth in Section 2.1(A)(i) and (ii), a non-exclusive, perpetual <br /> easement for the passage and accommodation of pedestrians and vehicles (but not for parking <br /> purposes) upon, over and across those portions of Developer's Tract designated on the Site Plan <br /> as "Main Drive". The Main Drive shall be of the dimensions shown on the Site Plan, with two <br /> (2) lanes, one in each direction. The easement herein established shall be appurtenant to.and for <br /> the benefit of the Target Tract, and shall be binding on, enforceable against and burden the <br /> Developer Tract. The Main Drive shall not be relocated without the prior consent of Target <br /> (which right of approval shall survive the expiration of this OEA). <br /> (C) During the term of this OEA, the Main Drive shall be maintained in <br /> accordance with the provisions governing the maintenance of the parking and driveways on <br /> Developer's Tract. After the termination of this OEA, those portions of the Developer's Tract on <br /> which the Main Drive is located shall be maintained in a safe, clean and good state of repair and <br /> condition by Developer, at its sole cost and expense. In the event Developer shall fail to perform <br /> 7 <br /> #592904 v5-OEA-Decatur <br /> 9/t 9/2003 <br />
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