|
have the right to cross the access ways on each Lot when circulating between businesses or going to and from the
<br />Lots.
<br />3. Parking. . Each Owner and Tenant of each Lot shall have the exclusive right to use the vehicular
<br />parking spaces on their individual Lot. Each Owner and Tenant shall not be allowed to use the parking on other
<br />Lots, except as authorized by that Lot Owner or Tenant under separate agreement.
<br />No Owner or Tenant shall be allowed to park boats, trailers, motorhomes or junk cars, etc., on any Lot,
<br />except in conjunction with normal servicing of same for customers or while owmer/customer is present for business
<br />transactions.
<br />4. Utilities Each Owner shall have nonexclusive easements under, through and across the Common
<br />Area of the Lots for water, gas, electricity, sewer, storm sewer and other public utilities. In the event it is necessary
<br />for the Owners to cause the installation of a storm drain, utility line, sewer or other such line or conduit across the
<br />Common Area of a Lot, subsequent to the initial paving and improving thereof, all Owners shall cooperate in
<br />er_ecuting any additional easement or easements to allow such installation, so long as such easement or easements
<br />do not unreasonably interfere with the normal operation of any businesses located on such Lot.
<br />S. Location of Eitww nts The location and relocation of all utility and other easements pursuant to this
<br />Declaration shall be subject to the approval of the Owner and the Tenant, over, under or across whose Lot the
<br />easement is to be located. The Owner and the Tenant shall cooperate in executing any easement or other
<br />agreement in recordable form which may reasonably be required to identify the location and terms of any such
<br />easement.
<br />6. Maintenance. At each Owner's or Tenant's expense, all Common Areas within the boundaries of
<br />their respective Lots will be maintained in good repair, kept clean, and kept clear of snow and ice and adequately
<br />lighted when open for business. Such maintenance shall include, without limiting the generality of the foregoing,
<br />the following:
<br />a) Maintaining the surfaces in a smooth, and evenly covered condition, with the type of surfacing
<br />material originally installed or snch substitute as shall in all respects be equal in qual' -ise, and
<br />durability;
<br />b) Removing all papers, debris, filth, snow and ice, and refuse and thoroughly sweeping the area
<br />to the extent reasonably necessary to keep the area in a clean and orderly condition;
<br />c) Placing, keeping in repair, and replacing where necessary appropriate directional and parking
<br />or no parking signs, markers, and lines;
<br />d) Operating, keeping in repair, and replacing where necessary, such artificial lighting facilities
<br />as shall be reasonably required;
<br />e) Maintaining all perimeter walls in a good condition and state of repair;
<br />f) Maintaining all landscaped areas and making such replacement of shrubs and other
<br />landscaping as is necessary;
<br />g) Maintaining and repairing any and all perimeter walls, common storm drains, utility lines,
<br />sewers, and other services which are necessary for the operation of the building and improvement within
<br />the total Lot, and;
<br />h) Maintaining, if required, one or more oft site facilities for surface drainage.
<br />All portions of the Common Area of each Lot shall be maintained as outlined above at the expense of the
<br />respective Owners thereof. Subject to the mutual agreement of the Owners, or Tenants if maintenance
<br />responsibility has been assumed by a Tenant, a third party may be appointed as an agent of said parties to maintain
<br />the Common Area in a manner as above outlined. Said third party may receive for such agency a fee that is
<br />mutually acceptable to all parties to cover supervision, management, accounting, and similar fees, which sums are
<br />9705150353
<br />
|