PROPERTY CO-TENANCY
OWNERSHIP AGREEMENT
(Champps Restaurant - Lyndhurst, OH)
THIS CO-TENANCY AGREEMENT,
Made and entered into as of the 27th day of January, 1998, by and
between Xxxxxxx X. Xxxxxxxx and Xxxxxxx X. Xxxxxxxx, trustees of
the Xxxxxxxx Family Trust, dated April 21, 1988 (hereinafter
called "Xxxxxxxx") and AEI Net Lease Income & Growth Fund XX
Limited Partnership (hereinafter called "Fund XX"). Xxxxxxxx,
Fund XX (and any other Owner in Fee where the context so
indicates) being hereinafter sometimes collectively called "Co-
Tenants" and referred to in the neuter gender).
WITNESSETH:
WHEREAS, Fund XX presently owns an undivided 85.21315% interest
in and to, and Xxxxxxxx presently owns an undivided 9.18047%
interest in and to, and Max and Xxxxx Xxxx, married as tenants in
common presently owns an undivided 5.60638% interest in and to
the land, situated in the City of Lyndhurst, County of Cuyahoga,
and State of OH, (legally described upon Exhibit A attached
hereto and hereby made a part hereof) and in and to the
improvements located thereon (hereinafter called "Premises");
WHEREAS, The parties hereto wish to provide for the orderly
operation and management of the Premises and Xxxxxxxx'x interest
by Fund XX; the continued leasing of space within the Premises;
for the distribution of income from and the pro-rata sharing in
expenses of the Premises.
NOW THEREFORE, in consideration of the purchase by Xxxxxxxx of an
undivided interest in and to the Premises, for at least One
Dollar ($1.00) and other good and valuable consideration by the
parties hereto to one another in hand paid, the receipt and
sufficiency of which are hereby acknowledged, and of the mutual
covenants and agreements herein contained, it is hereby agreed by
and between the parties hereto, as follows:
1. The operation and management of the Premises shall be
delegated to Fund XX, or its designated agent, successors or
assigns. Provided, however, if Fund XX shall sell all of its
interest in the Premises, the duties and obligations of Fund XX
respecting management of the Premises as set forth herein,
including but not limited to paragraphs 2, 3, and 4 hereof, shall
be exercised by the holder or holders of a majority undivided co-
tenancy interest in the Premises. Except as hereinafter expressly
provided to the contrary, each of the parties hereto agrees to be
bound by the decisions of Fund XX with respect to all
administrative, operational and management matters of the
property comprising the Premises, including but not limited to
the management of the net lease agreement for the Premises. The
parties hereto hereby designate Fund XX as their sole and
exclusive agent to deal with, and Fund XX retains the sole right
to deal with, any property agent or tenant and to monitor,
execute and enforce the terms of leases of space within the
Premises, including but not limited to any Andersonments,
consents to assignment, sublet, releases or modifications to
leases or guarantees of lease or easements affecting the
Premises, on behalf of Xxxxxxxx. As long as Fund XX owns an
interest in the Premises, only Fund XX may obligate Xxxxxxxx with
respect to any expense for the Premises.
As further set forth in paragraph 2 hereof, Fund XX agrees to
require any lessee of the Premises to name Xxxxxxxx as an insured
or additional insured in all insurance policies provided for, or
contemplated by, any lease on the Premises. Fund XX shall use its
best efforts to obtain endorsements adding Co-Tenants to said
policies from lessee within 30 days of commencement of this
Co-Tenant Initial: /s/ RWA /s/ MRA
Co-Tenancy Agreement for Champps, Lyndhurst, OH
agreement. In any event, Fund XX shall distribute any insurance
proceeds it may receive, to the extent consistent with any lease
on the Premises, to the Co-Tenants in proportion to their
respective ownership of the Premises.
2. Income and expenses shall be allocated among the Co-Tenants
in proportion to their respective share(s) of ownership. Shares
of net income shall be pro-rated for any partial calendar years
included within the term of this Agreement. Fund XX may offset
against, pay to itself and deduct from any payment due to
Xxxxxxxx under this Agreement, and may pay to itself the amount
of Xxxxxxxx'x share of any legitimate expenses of the Premises
which are not paid by Xxxxxxxx to Fund XX or its assigns, within
ten (10) days after demand by Fund XX. In the event there is
insufficient operating income from which to deduct Xxxxxxxx'x
unpaid share of operating expenses, Fund XX may pursue any and
all legal remedies for collection.
Operating Expenses shall include all normal operating expense,
including but not limited to: maintenance, utilities, supplies,
labor, management, advertising and promotional expenses, salaries
and wages of rental and management personnel, leasing commissions
to third parties, a monthly accrual to pay insurance premiums,
real estate taxes, installments of special assessments and for
structural repairs and replacements, management fees, legal fees
and accounting fees, but excluding all operating expenses paid by
Tenant under terms of any lease agreement of the Premises.
Xxxxxxxx has no requirement to, but has, nonetheless elected to
retain, and agrees to annually reimburse, Fund XX in the amount
of $917 for the expenses, direct and indirect, incurred by Fund
XX in providing Xxxxxxxx with quarterly accounting and
distributions of Xxxxxxxx'x share of net income and for tracking,
reporting and assessing the calculation of Xxxxxxxx'x share of
operating expenses incurred from the Premises. This invoice
amount shall be pro-rated for partial years and Xxxxxxxx
authorizes Fund XX to deduct such amount from Xxxxxxxx'x share of
revenue from the Premises. Xxxxxxxx may terminate this agreement
in this paragraph respecting accounting and distributions at any
time and attempt to collect its share of rental income directly
from the tenant; however, enforcement of all other provisions of
the lease remains the sole right of Fund XX pursuant to Section 1
hereof. Fund XX may terminate its obligation under this
paragraph upon 30 days notice to Xxxxxxxx prior to the end of
each anniversary hereof, unless agreed in writing to the
contrary.
3. Full, accurate and complete books of account shall be kept
in accordance with generally accepted accounting principles at
Fund XX's principal office, and each Co-Tenant shall have access
to such books and may inspect and copy any part thereof during
normal business hours. Within ninety (90) days after the end of
each calendar year during the term hereof, Fund XX shall prepare
an accurate income statement for the ownership of the Premises
for said calendar year and shall furnish copies of the same to
all Co-Tenants. Quarterly, as its share, Xxxxxxxx shall be
entitled to receive 9.18047% of all items of income and expense
generated by the Premises. Upon receipt of said accounting, if
the payments received by each Co-Tenant pursuant to this
Paragraph 3 do not equal, in the aggregate, the amounts which
each are entitled to receive proportional to its share of
ownership with respect to said calendar year pursuant to
Paragraph 2 hereof, an appropriate adjustment shall be made so
that each Co-Tenant receives the amount to which it is entitled.
4. If Net Income from the Premises is less than $0.00 (i.e.,
the Premises operates at a loss), or if capital improvements,
repairs, and/or replacements, for which adequate reserves do not
exist, need to be made to the Premises, the Co-Tenants, upon
receipt of a written request therefor from Fund XX, shall, within
fifteen (15) business days after receipt of notice, make payment
to Fund XX sufficient to pay said net operating losses and to
provide necessary
Co-Tenant Initial: /s/ RWA /s/ MRA
Co-Tenancy Agreement for Champps, Lyndhurst, OH
operating capital for the premises and to pay for said capital
improvements, repairs and/or replacements, all in proportion to
their undivided interests in and to the Premises.
5. Co-Tenants may, at any time, sell, finance, or otherwise
create a lien upon their interest in the Premises but only upon
their interest and not upon any part of the interest held, or
owned, by any other Co-Tenant. All Co-Tenants reserve the right
to escrow proceeds from a sale of their interests in the Premises
to obtain tax deferral by the purchase of replacement property.
6. If any Co-Tenant shall be in default with respect to any of
its obligations hereunder, and if said default is not corrected
within thirty (30) days after receipt by said defaulting Co-
Tenant of written notice of said default, or within a reasonable
period if said default does not consist solely of a failure to
pay money, the remaining Co-Tenant(s) may resort to any available
remedy to cure said default at law, in equity, or by statute.
7. This property management agreement shall continue in full
force and effect and shall bind and inure to the benefit of the
Co-Tenant and their respective heirs, executors, administrators,
personal representatives, successors and permitted assigns until
April 30, 2031 or upon the sale of the entire Premises in
accordance with the terms hereof and proper disbursement of the
proceeds thereof, whichever shall first occur. Unless
specifically identified as a personal contract right or
obligation herein, this agreement shall run with any interest in
the Premises and with the title thereto. Once any person, party
or entity has ceased to have an interest in fee in any portion of
the Premises, it shall not be bound by, subject to or benefit
from the terms hereof; but its heirs, executors, administrators,
personal representatives, successors or assigns, as the case may
be, shall be substituted for it hereunder. Xxxxxxxx agrees to
notify Fund 84-A upon the appointment of any successor trustee,
or any amendment of the Xxxxxxxx Family Trust affecting the
powers of the Trustees to manage or dispose of the Xxxxxxxx
Trust's interest in the Premises.
8. Any notice or election required or permitted to be given or
served by any party hereto to, or upon any other, shall be deemed
given or served in accordance with the provisions of this
Agreement, if said notice or elections addressed as follows;
If to Fund XX:
AEI Net Lease Income & Growth Fund XX Limited Partnership
1300 Minnesota World Trade Center
00 X. Xxxxxxx Xxxxxx
Xx. Xxxx, Xxxxxxxxx 00000
If to Xxxxxxxx:
Xxxxxxx X. and Xxxxxxx X. Xxxxxxxx
0000 Xxxxxxx 0
Xxxxxxxx, XX 00000
If to Xxxx:
Max and Xxxxx Xxxx
000 XX 0xx Xxxxxx
#000X
Xxxxx, XX 00000-0000
Co-Tenant Initial: /s/ RWA /s/ MRA
Co-Tenancy Agreement for Champps, Lyndhurst, OH
Each mailed notice or election shall be deemed to have been given
to, or served upon, the party to which addressed on the date the
same is deposited in the United States certified mail, return
receipt requested, postage prepaid, or given to a nationally
recognized courier service guaranteeing overnight delivery as
properly addressed in the manner above provided. Any party hereto
may change its address for the service of notice hereunder by
delivering written notice of said change to the other parties
hereunder, in the manner above specified, at least ten (10) days
prior to the effective date of said change.
9. This Agreement shall not create any partnership or joint
venture among or between the Co-Tenants or any of them, and the
only relationship among and between the Co-Tenants hereunder
shall be that of owners of the premises as tenants in common
subject to the terms hereof.
10. The unenforceability or invalidity of any provision or
provisions of this Agreement as to any person or circumstances
shall not render that provision, nor any other provision hereof,
unenforceable or invalid as to any other person or circumstances,
and all provisions hereof, in all other respects, shall remain
valid and enforceable.
11. In the event any litigation arises between the parties
hereto relating to this Agreement, or any of the provisions
hereof, the party prevailing in such action shall be entitled to
receive from the losing party, in addition to all other relief,
remedies and damages to which it is otherwise entitled, all
reasonable costs and expenses, including reasonable attorneys'
fees, incurred by the prevailing party in connection with said
litigation.
The remainder of this page left blank intentionally.
Co-Tenant Initial: /s/ RWA /s/ MRA
Co-Tenancy Agreement for Champps, Lyndhurst, OH
IN WITNESS WHEREOF, The parties hereto have caused this Agreement
to be executed and delivered, as of the day and year first above
written.
XXXXXXXX XXXXXXX W. AND XXXXXXX X. XXXXXXXX, TRUSTEES OF THE
XXXXXXXX FAMILY TRUST
By: /s/ Xxxxxxx X Xxxxxxxx
Xxxxxxx X. Xxxxxxxx
WITNESS:
/s/ Xxxxx X Xxxx
Xxxxx X Xxxx
(Print Name)
WITNESS:
/s/ Xxxxx X Xxxxxxx
Xxxxx X Xxxxxxx
(Print Name)
STATE OF CALIFORNIA)
) ss
COUNTY OF FRESNO)
I, a Notary Public in and for the state and county of aforesaid,
hereby certify there appeared before me this 30th day of
December, 1997, Xxxxxxx X. Xxxxxxxx, who executed the foregoing
instrument in said capacity and on behalf of the said Trust.
By:/s/ Xxxxxxx X Xxxxxxxx /s/ Xxxxxxx L Dry
Xxxxxxx X. Xxxxxxxx [notary seal]
WITNESS:
/s/ Xxxxx X Xxxx
Xxxxx X Xxxx
(Print Name)
WITNESS:
/s/ Xxxxx X Xxxxxxx
Xxxxx X Xxxxxxx
(Print Name)
STATE OF CALIFORNIA)
) ss
COUNTY OF FRESNO)
I, a Notary Public in and for the state and county of aforesaid,
hereby certify there appeared before me this 30th day of
December, 1997, Xxxxxxx X. Xxxxxxxx, who executed the foregoing
instrument in said capacity and on behalf of the said Trust.
/s/ Xxxxxxx L Dry
[notary seal]
Co-Tenant Initial: /s/ RWA /s/ MRA
Co-Tenancy Agreement for Champps, Lyndhurst, OH
Fund XX AEI NET LEASE INCOME & GROWTH FUND XX Limited Partnership
By: AEI Fund Management XX, Inc., its corporate general partner
By: /s Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, President
WITNESS:
/s/ Jo Xxx Xxxx
Jo Xxx Xxxx
(Print Name)
WITNESS:
/s/ Xxxxx-xx D Xxxxxx
Xxxxx-xx X Xxxxxx
(Print Name)
State of Minnesota )
) ss.
County of Xxxxxx )
I, a Notary Public in and for the state and county of aforesaid,
hereby certify there appeared before me this 27th day of January,
1998, Xxxxxx X. Xxxxxxx, President of AEI Fund Management XX,
Inc., corporate general partner of AEI Net Lease Income & Growth
Fund XX Limited Partnership who executed the foregoing instrument
in said capacity and on behalf of the corporation in its capacity
as corporate general partner, on behalf of said limited
partnership.
/s/ Xxxxx X Xxxxxx
[notary seal] Notary Public
Co-Tenant Initial: /s/ RWA /s/ MRA
Co-Tenancy Agreement for Champps, Lyndhurst, OH
Exhibit A, page 1 of 4
Parcel No. 1 (fee)
Situated in the City of Lyndhurst, County of Cuyahoga and State
of Ohio, and know as being part Original Mayfield Township Lot
Nos. 29 and 30, further bounded and described as follows:
Beginning at a point being the intersection of the centerline of
Cedar Road (60 feet wide) and the centerline of Landerbrook Drive
(60 feet wide),
thence along the centerline of Landerbrook Drive North 00 deg. 17
min. 45 sec. West, 599.77 feet to a point of curvature therein,
thence along the arc of a curve deflecting to the right having a
radius of 178.83 feet, a chord bearing North 31 deg. 22 min. 40
sec. East, 187.80 feet an arc distance of 197.72 feet to a point
of tangency in said centerline of Landerbrook Drive,
thence North 63 deg. 03 min. 06 sec. East, 117.29 feet along the
centerline of Landerbrook Drive to a point,
thence North 26 deg. 56 min. 54 sec. West, 330.89 feet to a
point, said point being the Southeast corner of the City of
Lyndhurst and the City of Xxxxxxxx Heights and the principal
point of beginning of the parcel herein described,
Course No. 1: thence North 26 deg. 56 min. 54 sec. West, along
the Easterly corporation line of the City of Lyndhurst, 384.51
feet to a point on the Southerly limited access right-of-way line
of Interstate 271, Course No. 2: thence South 59 deg. 21 min. 11
sec. West along the Southerly limited access right-of-way line of
Interstate 271, 198.18 feet to a point,
Course No. 3: thence South 14 deg. 10 min. 52 sec. East, 381.15
feet to a point on the Southerly corporation line of the City of
Lyndhurst, Course No. 4: thence North 63 deg. 03 min. 06 sec.
East, along the Southerly corporation line of the City of
Lyndhurst, 282.00 feet to the principal point of beginning and
containing 2.0756 acres of land be the same more or less, but
subject to all legal highways and easements of record. Bearings
cited within the above description are to an assumed meridian and
indicate angles only.
Parcel No. 2 (Easement for general ingress and egress, parking
and utilities)
Situated in the City of Xxxxxxxx Heights, County of Cuyahoga and
State of Ohio, and known as being part of Original Mayfield
Township Lot Nos. 29 and 30, Tract No. 3 bounded and described as
follows:
Beginning at the centerline intersection of Cedar Road and
Landerbrook Drive (50 feet wide),
thence along the centerline of Landerbrook Drive as recorded in
Volume 244, Page 21 of Cuyahoga County Map Records, North 00
degrees 17 minutes 45 seconds West, 385.39 feet to a point,
thence North 89 degrees 51 minutes 07 seconds West, 30.00 feet to
the Westerly right of way line of said Landerbrook Drive and the
principal point of beginning of the parcel herein described,
Course No. 1 - Thence North 89 degrees 51 minutes 07 seconds
West, 445.35 feet to the Easterly line of land as conveyed to
Georgetown of Lyndhurst Condominium in Volume 41, Page 14 of
Cuyahoga County Map Records,
Exhibit A, page 2 of 4
Course No. 2 - Thence North 00 degrees 45 minutes 30 seconds East
456.96 feet along said Easterly line of Georgetown of Lyndhurst
Condominium to a point,
Course No. 3 - Thence North 63 degrees 03 minutes 06 seconds
East, 584.04 feet to a point,
Course No. 4 - Thence North 26 degrees 56 minutes 54 seconds
West, 50.00 feet to a point,
Course No. 5 - Thence North 63 degrees 03 minutes 06 seconds
East, 272.40 feet to a point
Course No. 6 - Thence South 26 degrees 56 minutes 54 seconds
East, 191.89 feet to a point,
Course No. 7 - Thence South 18 degrees 03 minutes 06 seconds
West, 82.02 feet to a point,
Course No. 8 - Thence South 26 degrees 56 minutes 54 seconds
East, 101.00 feet to a point,
Course No. 9 - Thence South 63 degrees 03 minutes 06 seconds
West, 331.70 feet to a point,
Course No. 10- Thence along the arc of a curve deflecting to the
left 230.89 feet, said curve having a radius of 208.83 feet and a
chord bearing South 31 degrees 22 minutes 40 seconds West, 219.31
feet along said Westerly right-of-way line to a point of
tangency,
Course No. 11- Thence continuing along said Westerly right-of-way
line South 00 degrees 17 minutes 45 seconds East, 214.15 feet to
the principal point of beginning and containing 9.008 acres of
land more or less, but subject to all legal highways and
easements of record.
Parcel No. 3: (Easement for general ingress and egress, parking
and utilities)
Situated in the City of Xxxxxxxx Heights, County of Cuyahoga and
State of Ohio and known as being part of Original Mayfield
Township Lot Nos. 29 and 30, Tract No. 3 bounded and described as
follows:
Beginning at the centerline intersection of Cedar Road and
Landerbrook Drive (60 feet wide),
thence along the centerline of Landerbrook Drive as recorded in
Volume 244, Page 21 of Cuyahoga County Map Records, North 00 deg.
17 min. 45 sec. West, 599.77 feet to a point,
thence South 89 deg. 42 min. 15 sec. West, 30.00 feet to the
Westerly right of way line of said Landerbrook Drive,
thence along the arc of a curve deflecting to the right 230.89
feet, said curve having a radius of 208.83 feet, a chord bearing
North 31 deg. 22 min. 40 sec. East, 219.31 feet to a point of
tangency,
thence North 63 deg. 03 min. 06 sec. East, 331.70 feet to a point
being the principal point of beginning of the parcel herein
described,
Course No. 1: thence North 26 deg. 56 min. 54 sec. West 101.00
feet to a point,
Course No. 2: thence North 18 deg. 03 min. 06 sec. East, 82.02
feet to a point,
Course No. 3: thence North 26 deg. 56 min. 54 sec. West, 191.89
feet to a point,
Course No. 4: thence South 63. deg 03. min. 06 sec. West, 272.40
feet to a point,
Course No. 5: thence North 26 deg. 56 min. 54 sec. West 334.51
feet to the Southerly right of way of Interstate Route 271,
Course No. 6: thence North 59 deg. 21 min. 11 sec. East, 71.30
feet along said right xx xxx xx Xxxxxxxxxx Xxxxx 000 to a point,
Exhibit A 3 of 4
Course No. 7: thence North 63 deg. 03 min. 06 sec. East, 443.25
feet along said right xx xxx xx Xxxxxxxxxx Xxxxx 000 to a point,
Course No. 8: thence South 26 deg. 56 min. 54 sec. East, 690.00
feet to the Northerly right of way of said Landerbrook Drive to a
point,
Course No. 9: thence South 63 deg. 03 min. 06 sec. West, 300.00
feet to the principal point of beginning and containing 6.123
acres of land more or less, but subject to all legal highways and
easements of record.
Parcel No. 4 (Utility and Ingress-Egress Easement)
Situated in the City of Xxxxxxxx Heights and partly in the City
of Lyndhurst, County of Cuyahoga and State of Ohio, and known as
being part of Original Mayfield Township Lot Nos. 29 and 30,
Tract 3 bounded and described as follows:
Beginning at the intersection of the centerlines of Cedar Road
and Landerbrook Drive (60 feet wide),
thence along the centerline of Landerbrook Drive as recorded in
Volume 235, Page 37 of Cuyahoga County Map Records, North 0
degrees 17 minutes 45 seconds West, 599.77 feet to a point,
thence North 89 degrees 42 minutes 15 seconds West, 30.00 feet to
a point in the curved Northwesterly sideline of Landerbrook
Drive,
thence along the arc of said Northwesterly sideline deflecting to
the right having a radius of 208.83 feet, a chord bearing North
31 degrees 22 minutes 40 seconds East, 219.31 feet an arc
distance of 230.89 feet to a point of tangency therein,
thence North 63 degrees 03 minutes 06 seconds East, along the
Northwesterly sideline of Landerbrook Drive, 30.15 feet to the
principal point of beginning of the Utility and Ingress-Egress
Easement herein
described
Course No. 1 - Thence North 7 degrees 35 minutes 03 seconds East,
100.77 feet to a point,
Course No. 2 - Thence North 26 degrees 56 minutes 54 seconds
West, 134.86 feet to a point,
Course No. 3 - Thence North 71 degrees 56 minutes 54 seconds
West, 115.17 feet to a point,
Course No. 4 - Thence North 26 degrees 56 minutes 54 seconds
West, 48.61 feet to a point,
Course No. 5 - Thence North 18 degrees 03 minutes 06 seconds
East, 133.16 feet to a point,
Course No. 6 - Thence North 63 degrees 03 minutes 06 seconds East
42.08 feet to a point,
Course No. 7 - Thence South 26 degrees 56 minutes 54 seconds
East, 11.21 feet to a point,
Course No. 8 - Thence South 71 degrees 56 minutes s54 seconds
East 104.42 feet to a point,
Course No. 9 - Thence South 26 degrees 56 minutes 54 seconds
East, 6.14 feet to a point,
Course No. 10- Thence North 63 degrees 03 minutes 06 seconds
East, 150.30 feet to a point,
Course No. 11- Thence North 26 degrees 56 minutes 54 seconds
West, 125.08 feet to a point,
Course No. 12- Thence North 43 degrees 07 minutes 26 seconds
West, 222.85 feet to a point in the Southeasterly Limited Access
Right-of-Way of Xxxxxxxxxx 000,
Xxxxxx Xx. 00- Xxxxxx Xxxxx 00 degrees 03 minutes 06 seconds
East, along
Exhibit A, page 4 of 4
the Southeasterly Limited Access Right-of-Way of Interstate 271,
a distance of 41.65 feet to a point,
Course No. 14- Thence South 43 degrees 07 minutes 26 seconds
East, 193.47 feet to a point,
Course No. 15- Thence South 26 degrees 56 minutes 54 seconds
East, 504.28 feet to a point,
Course No. 16- Thence South 63 degrees 03 minutes 06 seconds
West, along the Northwesterly sideline of Landerbrook Drive,
50.00 feet to a point,
Course No. 17- Thence North 26 degrees 56 minutes 54 seconds
East, 310.89 feet to a point,
Course No. 18- Thence South 63 degrees 03 minutes 06 seconds
West, 112.31 feet to a point,
Course No. 19- Thence South 18 degrees 03 minutes 06 seconds
West, 127.40 feet to a point,
Course No. 20- Thence South 26 degrees 56 minutes 54 seconds
East, 220.80 feet to a point in the Northwesterly sideline of
Landerbrook Drive,
Course No. 21- Thence South 63 degrees 03 minutes 06 seconds
West, along the Northwesterly sideline of Landerbrook Drive
117.13 feet to the principal point of beginning and containing
1.947 acres of land be the same more or less, but subject to all
legal highways and easements of record.
Parcel No. 5 (Easement Estate)
Easement Rights created, defined and described in the Reciprocal
Easement Agreement dated as of June 27, 1995, filed for record
July 5, 1995 at 2:34 P.M., and recorded in Volume 95-05300, Page
16, as amended in the First Amendment to Reciprocal Easement
Agreement dated as March 26, 1996, filed for record April 10,
1996 at 3:42 P.M., and recorded in Volume 96-03123, Page 33 of
Cuyahoga County Records.
