Mall Road Access, Curb Cuts and Pylon Sign Sample Clauses

Mall Road Access, Curb Cuts and Pylon Sign. During the Inspection/Permitting Period, Seller will use its best efforts to address Buyer’s need for two ingress/egress points from the Vacant Land onto A Avenue West. Buyer acknowledges that final approval of the same must be given by the Iowa Department of Transportation. As part of Buyer’s permitting process, Buyer seeks to negotiate and agree with Seller on a mutually satisfactory location for two curb cuts from the Vacant Land onto A Avenue West, and to receive Seller’s assistance in negotiating a mutually satisfactory shared access and maintenance agreement for the western most curb cut with the KFC restaurant adjacent to the west of the Vacant Land. Seller shall use its best efforts to obtain approval for the relocating and raising in height of the current Penn Central Mall sign located on the Vacant Land to a location shown on the site plan attached hereto as Exhibit B and made a part hereof (the “Site Plan”) with placement of the Hardee’s lighted sign attached immediately below the Penn Central Mall sign. Seller and Buyer shall negotiate a perpetual mutual access easement to allow ingress/egress from the Vacant Land for vehicular traffic onto the internal Penn Central Mall driveway located adjacent to the south of the Vacant Land, which Seller represents to Buyer is within Seller’s control to grant. Seller shall use its best efforts to assist Buyer in obtaining requisite approvals in recordable form from Hy-Vee, Inc. and Penn Central Regional Mall Limited Partnership consenting to the sale and the use and development of the Vacant Land in accordance with the Site Plan, releasing the Vacant Land from the covenants and restrictions now encumbering the same for the use and benefit of Hy- Vee, Inc. and Penn Central Regional Mall Limited Partnership, and substituting under such covenants and restrictions the Hardee’s Property.
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