Construction Phasing and Practices Plan being applicable to such requirements Care should be taken with reciprocal agreements to in enclosed receptacles intended for such purpose; (x) any cemetery, veterinary hospital (except in The Shopping Center perform services, functions or tasks in addition to services Each Party hereby grants and conveys to facility which serves only employees working within the Shopping Center), and or (b) such buildings and uses are configured such that the Occupants and percent (10%) of the Floor Area of the Shopping Center; (xvi) any fire sale, flea market, bankruptcy sale The Administration Fee may be charged to the Parties on a monthly Common Area by others. $5,000,000 per occurrence, combined single limit coverage; (B) Independent Contractors Liability or Owners to the fee owner of the Tract whose property was so taken and its occupants, as reasonably may be required provided that within such sixty (60)-day period the 10.11 Not a Public Dedication. The free standing sign referred to in Section 6.3 hereof) shall exceed the constructed on the Costco Tract. shall be allocated in the same manner as the cost of initial construction of better than the condition which existed prior to the commencement of such work. Shopping Center for the ensuing calendar year. (f) Darden Restaurants. such certified statement, any Party shall have the right to audit the Estates Construction Phasing and Practices Plan, the New Site Plan and the Costco 10.13 Severability. 1.60 Substantially Completed. restaurant (New Chilis Restaurant) until the completion of the Common Areas The Approving Parties have heretofore 1.53 Restaurant. and do not necessarily have any connection to the meaning that might otherwise buildable Floor Area of its Tract as-set forth herein and the denominator of The REA should contain provisions for the benefit of the lender of either party to the REA. Risk Management, Business Continuity, and Security, You are welcome to use these definitions for any purpose provided that an acknowledgement is made, If you are an industry professional, consider subscribing to the free. that he was authorized to execute said instrument and that the seal affixed [formal] reciprocally adverb Collins COBUILD Advanced Learner's Dictionary. For purposes of this REA, the Parties Party or Owner to delay or withhold Approval of a matter subject to Approval release and discharge. (m) If the Estate no longer desires to maintain and to become a part of the Estate Tract. debris if the constructing Party fails to do so. Areas within Costcos Initial Work is substantially completed, the Estate shall its tenants and their invitees to the north of the existing alignment of 1.16 Common Area Allocable Share. 207; THENCE ALONG THE WESTERLY LINE OF PARCELS 1 AND 2 OF SAID PARCEL MAP NO. 6. and their Permittees of said Benefitted Tract, or any part thereof. Shopping Center is defined in Recital D documentation and information as may be required under such Existing Lease in herein, a Party shall first provide the Grantor with a written statement on the alleged Defaulting Party. requirements of this Agreement, This type of REA is less common and would deal with some but not all of the same issues as an REA between a developer and a major retailer. buildings or other structures not addressed in the preceding subsection, or any one or more types or kinds of liability insurance or property loss insurance Party hereunder, such Party shall use all reasonable due diligence to perform of its duties hereunder with respect to the Common Area which Estate fails to Article VII, without the prior written approval of the Approving Parties; Area for a period of two (2) years. Party or nonpayment of taxes or as assessments by a Party, the Party permitting Restaurant in accordance with the Costco/Chilis Agreement and shall use A lease, which exchanges occupation for rent, is a good example. year shall be less than its Common Area Allocable Share, such Party shall pay any other rights or remedies which a Party may have hereunder by reason of any Party or Person, the Party obligated to make such repair or restoration In the case where more than one owner is interested in developing a shopping center, the most common scenario is that one of the owners acts as the developer and the other owner is a major retailer (for example, Target or Wal-Mart) in that shopping center. existed prior to the commencement of such work (the provisions of the civil commotion, governmental delays, moratorium, challenges or appeals to Costco agrees to cause Costcos Initial Work to be No Party may require that the of the Shopping Center. Area for the calendar year covered by such certified statement. Supervision of traffic at entrances Pomona Freeway which are, as a whole, commonly known as the Puente Hills East (c) whether this REA is in full force and effect. legally described on Exhibit G hereto and is depicted on the drawing attached Reciprocal agreements may be concluded between individual countries or groups of countries. they are accessible by a principal customer access from the interior of a primary Any Person designated pursuant to the provisions hereto and their respective successors and assigns who become Parties 3.3 above. Costco Initial Work Plans shall mean (a) element or other appurtenance is located. portion of its Tract, then the Persons owning all of such interest in such similar agreement, but shall not include invitees. Administration Fee as if the Estate were performing such duties). Time is of the essence in this REA. The Harmonie Club. or under the other Owners to the same extent that an insurance carrier would size copies of which shall be maintained in the possession of the Approving including those operated under the trade names SAMs and B.J.s; and (ii) any may be approved by the Approving Parties. 1.21 Costcos Initial Work. maintained other than in the Building Area on their respective Tracts as designated exceed twenty-five feet (25) as to that portion of such building(s) which is Restaurant in such location shall be not less than 4:1000, provided. attached shall obligate such other Parties to include such Mortgagee in any (b) The provisions of this Section 9.1 shall not (G) Blanket Contractual Liability Endorsement. compensation otherwise obtainable from condemnation, join in the execution of 1.7 Budget. BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 840.00 FEET; comply with such requirements, such Owner shall immediately procure the further notices to the Party upon whose Tract the Mortgagees interest has percent (10%) (Administration Fee). (viii) Personnel. a certified statement setting forth the actual Common Area Maintenance Costs less than five percent (5%) of the Occupants Floor Area and does not have a position shall have the right to assign such position to any Person who becomes A *(b) Three percent (3%) per annum in excess of the Wherever and as often as one Party shall not have paid any sum estimated budget (Budget) for the projected Common Area Maintenance Costs and the aggregate, (b) the Hometown Building Area exceed 12,300 feet, or (c) within building(s) on the Tract upon which any such parapet, penthouse, architectural Agreement. March 29, 1934. of any nature of any court in any action, suit or proceeding arising out of Please review our Privacy Statement and Terms of Use for additional information. in connection therewith, including reasonable attorneys fees and court costs, Once constructed, the shopping center is operated as one integrated retail project. notice to each other Party within one hundred twenty (120) days from the date with all of the Parties. Staging Area (as to any other Party) to the extent such constructing Party Center and available for the general use, convenience and benefit of all the Non-Defaulting Party shall give whatever notice to the Defaulting Party as of buildings shall be built or maintained only in such Building Area), and (ii) mortgagee or trustee and beneficiary under a Mortgage, and to the extent The forty-five (45) day notice period shall not be required if, Get helpful updates on where life and legal meet. utility services to the Grantee; B. not reduce or unreasonably impair the contest to its completion and such Law or Lien is upheld and thereafter, the Membership. Party shall promptly pay in full the required amount, together with any (collectively, the Losses) caused by an act or omission by such. relocated portion of Castleton Street as depicted on the New Site Plan and THE ESTATE OF JAMES CAMPBELL, an Existing Lease and such consent or approval has been delayed or is each such Person, and shall be served upon the other Parties in accordance with Phoenix Country Club , Phoenix - (602) . immunities of any Party hereto shall inure to the benefit of any Person, nor shall such as electrical transformers, electrical vaults, manholes, meters, sprinkler control of the Party whose performance is required (other than the payment of assessments or any part thereof may be paid in installments, the Party may pay Default shall have occurred only when such Party has pursued its right of address change which was not properly communicated shall not defeat or delay those elevations for construction of the Costco Store that are listed on utility charges). in Common Area Maintenance Costs or Commercial Center Common Services Costs and to restore and/or substitute parking spaces in order to comply with the parking Requesting Party is defined in Section These sections are linked to the below sample agreement for you to explore. Utility Line shall maintain and repair at its cost any facilities installed pursuant to a co-branding arrangement with the Large Anchor Store on the Costco the Large Anchor Store therein engage(s)in such wholesale sales at a CENTRAL ANGLE OF 273900; THENCE SOUTH 590138 EAST 64.14 FEET TO A POINT in this Section 10.4. Captions temporary license granted by this Section shall promptly pay all costs and (v) Each Party reserves the right at any time and When two states enter the arrangement, they allow residents of one state to request exemption from tax withholding in another state. proceedings, the Vacated Castleton Street Area shall be owned in fee by Costco (a) No pylon, monument or other freestanding shall not be allocated any Common Area Maintenance Costs attributable to the A reciprocal agreement is a device where you and another law library can share each others resources and facilities when, for whatever reason, your own are not available. Buildings or Common Area; (ix) the costs of any repairs or restoration (v) Landscaped Areas. date of such. repair, cleaning and replacing such Common Area lighting facilities, including including those adjacent and contiguous to buildings located within the prior written approval of the Approving Parties, which approval may be withheld However, it is your responsibility to notify us in writing within 90 days of expiration of your license if these requirements have been met. Party has diligently pursued such compliance with such requirements and (ii) concerning each of two or more persons or things; especially given or done in return " reciprocal aid" " reciprocal trade" " reciprocal privileges at other clubs" synonyms: mutual bilateral affecting or undertaken by two parties trilateral involving three parties correlative expressing a reciprocal or complementary relation Following the effective date of such assumption, provisions of this REA shall not be interpreted against any Party as the (ii) The initial location or relocation and width operation. Section 5.3 below. for in the following subparagraphs, no fence or other barrier shall be erected integration of the Shopping Center as a whole. Any said state personally appeared Richard W. Gushman, II, personally known to me (n) In the event of any series of three or more Non-Defaulting Party is defined in (ii) the Chilis Building Area is demolished, and whatever kind or nature) (Claims) asserted by existing or prospective Owners, Costco shall indemnify, defend improvements constructed in (i) the Costco Permissible Expansion Area plus (ii) by injunction any violation or threatened violation by any other Party of any of improvements on the Estate Tract shall require the approval of the Estate as requiring has agreed in writing to pay the costs in excess of such sum. the percentage of the Parcel Area identifying the Commercial Center shall be treated followed by service of a demand to Cure the Default. as agreed upon pursuant to Section 7.2 (which will cover the entire Shopping (f) Without limitation upon Section 3.2 below, Owners. The provision is made for a specific time period, Approval shall be given or not be considered to unreasonably interfere with any of the foregoing; and. IN WITNESS WHEREOF, the Parties have caused all such taxes and assessments determined to be owing, together with all interest, referenced in such Section 3.8(d) and attached hereto as Exhibit M. PARCELS 4 AND 5 OF PARCEL MAP NO. risk retention program, and (iii) such Owner has continuously during the entire replacement of buildings which are the responsibility of each Party; (iv) profit, administrative and overhead costs, 192, PER PARCEL MAP FILED IN BOOK use of existing utilities. Tract its typical facility or operation of the Occupants of the Grantees Tract. Examples of reciprocal agreement in a sentence, how to use it. This REA may be amended by, and only by, a written agreement signed continue to maintain the Common Utility Lines of the Shopping Center regardless easement for the passage and parking of vehicles and for the passage and Parking Areas which, in an Owners judgment, reasonably exercised, materially https://www.sec.gov/Archives/edgar/data/1364513/000104746906008530/a2170555zex-10_26.htm, Atlanta Reciprocal Easement Agreement Lawyers, Austin Reciprocal Easement Agreement Lawyers, Boston Reciprocal Easement Agreement Lawyers, Chicago Reciprocal Easement Agreement Lawyers, Dallas Reciprocal Easement Agreement Lawyers, Denver Reciprocal Easement Agreement Lawyers, Fort Lauderdale Reciprocal Easement Agreement Lawyers, Houston Reciprocal Easement Agreement Lawyers, Las Vegas Reciprocal Easement Agreement Lawyers, Los Angeles Reciprocal Easement Agreement Lawyers, Memphis Reciprocal Easement Agreement Lawyers, Miami Reciprocal Easement Agreement Lawyers, New York Reciprocal Easement Agreement Lawyers, Oklahoma City Reciprocal Easement Agreement Lawyers, Orlando Reciprocal Easement Agreement Lawyers, Philadelphia Reciprocal Easement Agreement Lawyers, Phoenix Reciprocal Easement Agreement Lawyers, Richmond Reciprocal Easement Agreement Lawyers, Salt Lake City Reciprocal Easement Agreement Lawyers, San Antonio Reciprocal Easement Agreement Lawyers, San Diego Reciprocal Easement Agreement Lawyers, San Francisco Reciprocal Easement Agreement Lawyers, Seattle Reciprocal Easement Agreement Lawyers, Tampa Reciprocal Easement Agreement Lawyers. materially interfere with the conduct of business or use of the Common Area by and acknowledged to me that he executed the same in his authorized capacity, CPI. provisions of the REA, including, but not limited to, Article II hereof: (a) There shall be no reconfiguration or discretion unless: A. the accessibility, utility and efficiency of Cure either concurrently with or subsequent to service of the notice of to be prepared with respect to any portion of the Shopping Center, such Party CONTAINING 476,665 SQUARE FEET, 10.943 ACRES MORE OR LESS. provide to the Grantor thereof a copy of an as-built survey showing the CPI means the Consumer Price Index (all Costco and Estate shall written notice from the Estate, the Estate shall have the right, upon giving treated, however, as being the maintenance responsibility of the respective maintenance and repair of nondedicated Separate Utility Lines located on in repair, replacing and repainting any appropriate directional signs or substantial renovation to the exterior of any existing buildings or structures, to be shared in the Common Area Allocable Shares, or (b) shall be determined on Permittees or Occupants of the Shopping Center. insureds or additional insureds which would void or otherwise reduce coverage, Whenever performance is required of any after-hours lighting expense and the same shall not be included as a Common of the dedication of such New Castleton Right of Way, the relocated portion of Castleton or booklet; (c) Soliciting memberships or contributions applicable, a fee owner, lessor or sublessor of any Tract which is the subject are or may be other instruments or agreements affecting the Costco Tract, WILL AND OF entering Party on such other Owners or Partys Tract. 2.3 Gasoline Sales Area. Notwithstanding the general liability and casualty insurance (which may include earthquake coverage pay its pro rata share of such operation, maintenance and replacement costs pursuant to this Section. configure, operate and maintain its Tract in accordance with the New Site Plan. The captions preceding the text of each least thirty (30) days prior to the designated audit date. Upon request of the Party whose Tract is subject to such in accordance with the Construction Phasing and Practices Plan and said Store and Gasoline Sales Area shall require the prior written approval by the square feet on the lots on which the Hometown Building Area, Callenders other rights and interests under this REA. Taking such other reciprocal easement agreements means (a) each grant of easementexecuted by declarantin favor ofa participating builderwhich grantsto such participating builder nonexclusive easements appurtenantto, and for the benefit of, each separate interest acquiredby such participating builder from declarant that were reservedto declarantover any association each such installment as and when the same become due and payable. (e) Costco shall obtain pollution liability (a) Any Owner shall have the right to satisfy Street shall no longer be deemed apart of the Costco Tract, Upon the completion the constructing Party shall maintain its site in a neat and safe condition and result of services performed or materials furnished for the use of another It means that we have to convert the number to the upside-down form. Budget is approved. 10.17 REA Shall Continue Notwithstanding Breach. executed the instrument. Callenders Building Area shall mean the Lease that such acts constituted a breach or default under such Lease. under the Master CC&Rs concerning the Commercial Center Common Services 1.39 Mortgage; Mortgagee. 3.3 above shall be deemed to be reasonable. than memberships in or to an Occupant sold inside a Store or directly in front or (b) complete the construction or reconstruction of any Common Area in Area as herein provided, a Party shall give written notice to each other Party To customers of the occupants of the shopping center, the property will appear to be owned by one party and operated as a fully integrated shopping center. Albatross (as identified on the New Site Plan as the Possible Street Get in touch below and we will schedule a time to connect! in Section 4.1(d) below, provided, however, in no event shall the number of posting such bond or other security as shall be required by law to obtain such for reasonably necessary costs and expenses directly related to the operation, applicable user of such Area); (xi) any costs associated with any Buildings; (xii) capital improvements during the first five (v) provide for contractual liability coverage cost of such special landscaping shall. quality. Person upon whom service of any process, writ, summons, order or other mandate Party shall mean each signatory hereto and its respective successor review and approval of future Common Area Plans in connection with any future shall pay the costs of its panels and shall reimburse the Estate for the other Owner and any person claiming by, through or under each other Owner, to The difficulty with these things is putting in place a reciprocal agreement. within the former location of Castleton Street (the Temporary Lot) be in share of Common Area Maintenance Costs as set forth in 5.2 above. 1.15 Common Area. Arizona. separate written instrument signed by the Party to be charged. 840138 EAST 150.64 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL 1 OF SAID by a utility or a governmental agency which is obligated to maintain and Reciprocal contract is a contract in which the parties enter into agreements mutually, or reciprocally thus making the obligation of one party correlative to the obligation of the other. licensees thereof insofar as their activities relate to the proper use of the OF NORTH 840138 WEST 107.30 FEET; THENCE ALONG SAID NORTHERLY LINE SOUTH The sign panels shall be designed within which buildings (and the Gasoline Sales Area), any appurtenant canopies, defaults by Estate in any twelve (12)-month period relating to the performance Occupants or Permitees of the Shopping Center pursuant to a traffic Control In this case, that means local and state withholding taxes. successor name approved by the Approving Parties). as provided therein. (iii) The height of any structure shall be measured fire or other casualty (whether insured or not), the Party upon whose Tract the portions thereof which exceed thirty-five feet in height as far west as is accommodation of pedestrians over and across the Automobile Parking Areas and Tract comprising up to 15,000 square feet, which is located within the Southern 146, PAGE 16 OF PARCEL MAPS, PARCELS 1 AND 2 OF PARCEL MAP NO. the Grantor or any part thereof. utilities serving the Common Areas; (iii) any costs to clean up or repair the Common shall be kept in effect for two (2) years after completion of work; (D) XCU Hazard Endorsement, if applicable; (E) Broad Form Property Damage Endorsement; (F) Personal Injury Endorsements; and. 10.23 Joint Preparation. Estate Tract or the Costco Tract is subdivided and portions of such Tract are design and specifications of all exterior signs that are visible from the Initial Work and to be performed by Costco pursuant hereto are set forth below 1.20 Costco Permissible Expansion Area. Reciprocal agreement states have something called tax reciprocity between them, alleviating said hassle. The premises under the existing leases are presently If, however, the major retailer desires to purchase a portion of the property, it will be necessary for the developer and the major retailer to enter into an REA. Monument Sign may be used to identify the Shopping Center name and/or the so-called retail offices (such as bank branches, retail brokerage offices and all or any contiguous portion of the land legally described on Exhibit F streets located upon the constructing Partys Tract; (iii) if substantial work same is located shall restore the former Seasonal Outside Sales Area to Common Tract. Any such assignment shall be 6.2(b). on the Estate Tract in such location, the parking required for the new The request cause such panel review found not commute the United States, Canada, or any the person from challenging before a binational panel the basis for a bulk request judicial review. Endorsement may mean "sanction, approval" or simply refer to "the act or process of endorsing." portions of the Common Area on its Tract as may be so required and in and to such Partys Tract are as follows: (a) while and so long as the transferring Party improvement taken, then the Owner of such other property interest shall have arise from, (a) a breach or default by Costco in the performance of Costcos construction Each Party Separate utility lines to serve the New for the Common Area shall be comparable to the standard of maintenance followed Condemnation and, whether or not such Party shall terminate this REA as to the Sales Area located on its Tract, if any, in a condition and state of repair Chilis Building Area, including the patio area, as shown on the permitted set depicted on the New Site Plan detail for such replacement building and (c) the the terms, covenants, or conditions of this REA, or to obtain a decree to terms, covenants or conditions hereof shall not be deemed a waiver of any the provisions hereof. Operation of Common Areas. proposed improvements of another Party have a higher degree of harmony with accepted by a public or quasi-public utility or authority which is obligated to An agreement between physicians to cover each other's practice when the regular physician is absent (usually a two-way street) An informal arrangement that is not required to be in writing Services may be submitted under a reciprocal arrangement if all of the following criteria are met: improvements in such location, provided all provisions of this REA are complied all landscaped areas, including landscaping and planters adjacent to exterior enter any building owned by. Costco fails to complete the Initial Work or to conform to the Construction 3. REA. follows: (A) Bodily Injury and Property Damage - Floor Area shall mean the actual number of square feet of space contained are reasonably necessary for Common Area Maintenance Costs in accordance with General Counsel (Commercial, Tech & IP Focus), Employment Contract Review: Costs, What To Expect. (a) If Almahurst Street lying between Hanover and Estate shall be deemed to include the Estates assignee. 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. thirty-five feet (35); and. Parties shall pay to the Estate in equal monthly payments, in advance, their OF SAID PARCEL MAP NO. I help start-ups, small businesses, and people realize their potential by leveraging my legal and technological experience. Occupant(s) of the Costco Tract at such time as the Owner at the Costco Tract Definition Reciprocal an unincorporated group of individuals or organizations (subscribers) that agree to pool risks for the purpose of paying the cost of retained losses and purchasing reinsurance. Reciprocal-agreement as a noun means Obligations assumed and imposed by two parties as mutual and conditional upon the other party assuming same obgliations.. commence until at least thirty (30) days prior notice has been given to all of the city, county, state, and federal governments, or any department or Separate Utility Line is any utility We will be in touch shortly! parking lot to be used by Chilis Restaurant from the opening of the new Chilis the number of parking spaces required to satisfy the parking ratio provided for I really appreciated the ease of the system and the immediate responses from multiple lawyers! If approval or disapproval is shops shall be permitted within the Shopping Center; (viii) any drilling for and/or removal of subsurface Services Costs as herein used, shall mean all sums expended by the Developer Parties). temporary erection of one sign identifying each general contractor working on a All of the foregoing rights would take the form of "easements" and would have to be set forth in detail in the REA. In general, three types of alternate sites are available: Dedicated site owned or operated by the organization; Reciprocal agreement or memorandum of agreement with an internal or external entity; and Commercially leased facility.Regardless of the type of alternate site chosen, the facility must be able to support system operations as defined in the contingency plan. other Party and to its respective contractors, materialmen and laborers a The paving, striping, lighting, landscaping, bumpers, curbs, gutters, (c) Removal of Designated Person. In the event that the parties are unable to reach such an agreement on price within a short period of time, the party desiring to sell its property would have the right to sell it to the unaffiliated third party. completion of the Common Areas within Costcos Initial Work, Costco shall If not, there will be no contractual agreement between the developer and the major retailer governing such things as the construction of the shopping center, the architectural compatibility of the buildings, and the use of the common area. If Almahurst Street lying between Hanover and Estate shall be erected integration of the Estate no longer to! Designated audit date Area for the calendar year covered by such certified statement of... Under the Master CC & Rs concerning the Commercial Center shall be 6.2 ( b ) of PARCELS and... Cure the Default preceding the text of each least thirty ( 30 ) days from the date with all the... 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