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. 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. 10. 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 as is reasonably required in order to allow the Owner to inspect the condition of the Encroachment, and to attend to routine maintenance and repairs of the Encroachment.
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. With regard to the grinder pump, the Owners hereby grant to Township and its successors and assigns, the irrevocable full and uninterrupted right, right-of-way, privilege, easement and authority to enter upon the Property from time to time, to Owners, their successors and assigns and at such times and by such means as the Township shall reasonably deem necessary, in order to inspect the condition of the grinder pump, to maintain, repair, re-construct, and/or replace all or portions of grinder pump, should Owners fail to perform the maintenance obligations in any respect. The Township’s inspection shall cover the entire grinder pump, including outlet structures, access roads, etc. Following such inspection, the Township shall provide Owners, or their successors and assigns, a copy of the inspection report, including findings and evaluations.
Maintenance Easement. The City, as the owner of the Canal Parcel hereby conveys to Simcoe, as the owner of the Simcoe Property, a perpetual non-exclusive easement over and across the Canal Parcel for the specific purpose of maintaining the Canal Parcel, subject to the terms hereof.
Maintenance Easement. There is hereby reserved for the benefit of Developer, the Association, and their respective agents, employees, successors and assigns, an alienable, transferable, and perpetual right and easement to enter upon any Lot for the purpose of mowing, removing, clearing, cutting, or pruning underbrush, weeds, stumps or other unsightly growth and removing trash, planting grass, placing sod, and performing such other similar services or duties so as to maintain reasonable standards of health, fire safety, and appearance within the Development; provided that such easements shall not impose any duty or obligation upon Developer or the Association to perform any such actions. Said easement may also be exercised to correct any noncompliant actions by an Owner or Occupant of a Lot and then be charged back to the Owner of said Lot as a part of the Lot’s Assessment.
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. There is hereby reserved and created for the use of Developer, the Association and their respective agents, employees, successors and assigns, a maintenance easement to enter upon any Lot for the purpose of mowing, removing, clearing, cutting, or pruning underbrush, weeds, stumps, or other unsightly growth and removing trash, so as to maintain a community- wide standard of health, fire safety, and appearance for and within the Real Estate, provided that such easements shall not impose any duty or obligation upon Developer or the Association to perform any such actions.
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.
