Maintenance Easement. Declarants hereby reserves, for themselves and for their designees or employees, and for the Association, the free and unrestricted right, license and privilege to have free and unrestricted access upon and across Lincoln Commerce Center and each Building Site, and, upon reasonable notice, any Improvements thereon, for the purpose of performing any work the Declarants shall have the right to perform pursuant to the provisions of this Declaration, including but not limited to the performance of Owner's Maintenance which an Owner fails to perform. Each Owner, mortgagee, tenant or occupant of any Building Site, by accepting title thereto or an estate therein, shall be deemed to have consented to the foregoing reservations and to have granted the foregoing rights. The Declarants and the Association shall use all reasonable efforts to avoid interfering with the normal business operations of anyone occupying such Building Sites.
Maintenance Easement. Each Parcel as a servient tenement is subject to an easement in favor of each other Parcel as the dominant tenement for the purpose of providing each Parcel Owner and their agents such access as may be necessary to perform the maintenance duties described herein. The easements granted herein shall be deemed to be established upon the recordation of this Agreement, whether or not they are set forth in the grant deed to the parcels, and shall thenceforth be deemed to be and are enforceable as equitable servitudes and covenants running with the land for the use and benefit of the Parcel Owners.
Maintenance Easement. 11. In conjunction with the Grantor's grant of the right of encroachment as contained within this Agreement, the Grantor hereby grants to the Owner the right, license, privilege and easement across, over, under, and upon the Grantor's Lands and the Road Allowance as is reasonably required in order to allow the Owner to inspect the condition of the Encroachments, and to attend to routine maintenance and repairs of the Encroachments.
Maintenance Easement. Parcel F Owner hereby declares and grants a non-exclusive easement (“Maintenance Easement”) appurtenant to the Golf Course Parcel for the lawful use by Golf Course Owner and the employees, licensees and invitees of Golf Course Owner over and across such portions of Parcel F that are not improved with vertical improvements (a) in order to provide access to the System and the drainage pipes and other drainage facilities that operate as part of the System (collectively, the “Drainage Facilities”), and those portions of Parcel F adjacent to the Drainage Facilities, for the purpose of maintenance and repair of the Drainage Facilities in the event Parcel F Owner does not maintain the Drainage Facilities as required pursuant to this Agreement, and (b) designated by Parcel F Owner and that provide reasonable access for the Golf Course Parcel maintenance equipment to traverse between holes 9 and 10 and holes 10 and 14 of the Island Course. The Maintenance Easement (i) shall continue in effect, in perpetuity, unless and until such Maintenance Easement is amended in accordance with Section 6.2 of this Agreement, (ii) shall be an easement appurtenant to the Golf Course Parcel, and (iii) is being granted on a non-exclusive basis. Parcel F Owner reserves all of its rights to use the Maintenance Easement, including, without limitation, the right to construct, maintain and use improvements over, across and under the Maintenance Easement. Notwithstanding the foregoing, such use of the Maintenance Easement shall not unreasonably interfere with the use of the Maintenance Easement by the Golf Course Owner. Golf Course Owner, at its sole cost and expense, shall obtain and maintain during the entire time this Agreement and the Maintenance Easement granted under this Agreement shall be in effect, a commercial general liability policy (occurrence form) (“GTA Insurance”) for personal injury, bodily injury and property damage occurring to or on the Maintenance Easement and/or Parcel F (except to the extent such personal injury, bodily injury or property damage arises as a result of any negligent acts or omissions or willful misconduct of Parcel F Owner or its guests and invitees) directly as a result of Golf Course Owner’s use of the Maintenance Easement, which policy shall name Parcel F Owner as an additional insured.
Maintenance Easement. The Owner of the Outparcel and the Owner of the Supermarket Parcel mutually grant to each other, their respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the mutual benefit of the Owner of the Outparcel and the Owner of the Supermarket Parcel, a nonexclusive perpetual easement over and across that portion of the New Easement Area located on the grantors' Parcel for the purpose of protecting the New Easement Area and operating or performing any maintenance, repairs, resurfacing or replacements pursuant to this Declaration.
Maintenance Easement. A maintenance easement of at least twenty-five (25) feet from the edges of the ditch banks shall be preserved and indicated on any final plat for subdivision, or the final development plan for any non-subdivision use. When approved in notarized written form by the ditch owner(s), that distance may be decreased. Not applicable; this is not an application to plat the property.
Maintenance Easement. An easement is hereby reserved to the Developer, and granted to the Association, and any member of the Board of Directors or Manager, and their respective officers, agents, employees, and assigns, upon, across, over, in, and under the Condominium Units, and a right to make such use of the Condominium Units, as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to the Whispering Pines Documents.
Maintenance Easement. CCP30 hereby grants CCP29 a perpetual and non-exclusive easement in favor of the CCP29 and its contractors, subcontractors, agents, employees, successors and assigns (hereinafter, collectively, the “CCP 29 Agents”) to, from time to time, access the maintain, alter, repair, replace and/or remove the Shared Drainage Facilities within shared drainage easement area, as more particularly described on Exhibit E attached hereto and incorporated by reference herein (the “Shared Drainage Easement Area”) that lies under the surface of Parcel 30, and for vehicular and pedestrian ingress, egress and access on, over, across and upon Parcel 30, as reasonably necessary for the purpose of such maintenance, alteration, repair, replacement and/or removal of the Shared Drainage Facilities within the Shared Drainage Easement Area, subject, in each instance, to compliance with the limitations and requirements set forth in this Easement Agreement, the Covenant and the Declaration, provided that each such grant shall not prohibit the installation or construction of improvements by CCP30 or any other easement holders, including their respective successors, permittees, lessees, licensees and/or other assigns (collectively referred to as the “Other Users”) on Parcel 30, provided that CCP29 is provided with reasonable access to the area for the purposes set forth in this Easement Agreement.
Maintenance Easement. In the event that an Owner fails to perform its Maintenance Obligations and such failure is not corrected within the Cure Period, the Defaulting Owner, as grantor, hereby grants to the non-defaulting Owners, for the benefit of each Tract, a perpetual non-exclusive easement over, under and across the Defaulting Owner’s Tract for purposes of access to, operation, maintenance and repair of the portion of the Detention Area located on the Defaulting Owner’s Tract.
Maintenance Easement. The Association reserves an easement in, on, over and upon each Lot for the purpose of preserving, maintaining or improving the Common Property.
