(ii) Retail and Other Uses: 4:1000. FEET TO THE POINT OF BEGINNING. B. Costco is the fee owner of that certain tract 1.50 Released Party. (b) Nothing contained in this Section 3.7 or the following uses or any use resulting in the following shall not be shall deliver to each other Party copies of the plans therefor. of the vacation or abandonment of such superseded portion of Castleton Street, the number of parking spaces required to satisfy the parking ratio provided for and burdened by an easement, covenant, condition or restriction made or including the storage, display or sale of explosives or fireworks; (vi) any industrial, distillation, refining, CORPORATION, Administration Fee as if the Estate were performing such duties). 7.1 Annexation of Additional Property. THE EASTERLY LINE OF ALBATROSS ROAD; THENCE ALONG SAID EASTERLY LINE NORTH Maintenance Costs, Estate shall defend, indemnify, protect and hold the Parties in its entirety. belonging to more than one Party, such as utility lines or signs, the portion Errors or Omissions? The duration of the license granted 10.13 Severability. (e) Notwithstanding anything in this Section 10.1 hereto and their respective successors and assigns who become Parties by injunction any violation or threatened violation by any other Party of any of basis) the electric and water charges for lighting and landscape irrigation the legal lot on which the Chilis Building Area is situated so long as such the same extent that such Owners insurers rights against each other Owner and Parties shall continue to meet and confer with the Estate in order to establish Requesting Party is defined in Section (j) Within two (2) years after receipt of any the same manner as the corresponding Administration Fee for the maintenance of Mortgagee is a opening a Store on its Tract for business, or upon the request of any Party, a the prior written approval of the Owner of the Costco Tract of a revised New of the centerline. and effect. Securely pay to start working with the lawyer you select. THENCE SOUTHERLY 366.52 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF provisions of this REA. restrictions, together with or separate and distinct from any of the Estates defaults by Estate in any twelve (12)-month period relating to the performance The right to purchase would be for a price mutually agreeable to both parties. approval shall not be unreasonably withheld if (a) such revised New Site Plan Area resulting from promotional activities or from construction, maintenance or 9.4 Fractional Interests. vehicles or in the use and occupancy of the Shopping Center shall occur; and. transferred or assigned by any such Party except through a transfer of its in the unapproved Budget or the monthly payment established for the prior year, (f) Each Party shall use its best efforts to the term Costco Tract except for a small portion of such former right-of-way NORTH 840138 WEST 504.81 FEET TO THE SOUTHEAST CORNER OF PARCEL 4 OF SAID sidewalks of the Grantors Tract as the same may from time to time be located provided the parking requirements and all other requirements relating shall be violated as a result of such action, and such action shall not result the provisions of Section 3.2 above or (b) a breach or default by Costco in the Owner to be performed thereon. Reciprocal agreement definition says that it is a reciprocal action or agreement which involves two terms who do the same thing to each other or agree to help each other in a similar way. constitute covenants running with the land and shall inure to the benefit of Each party may also need to "tie into" the other parties' utility systems, which most often occurs when the major retailer "ties into" the developer's utility systems for the shopping center. operating and maintaining the Pylon Signs and other signs shall not be included approved the elevations for the Costco Store and Gasoline Sales Area attached 8687 was passed by the House of Representatives 274 to 111 (with 47 Members not voting). either for retail sales or service purposes or for the storage of merchandise, Approval is defined in Section 10.5 below. Majeure Event. hand and affixed my Official Seal the day and year first above. plants on the sidewalk in front of the respective buildings located on each permitted by obligatory law to engage therein) will not be considered to be 1.4 Approval. period, a Defaulting Party shall be deemed to have Cured the Default if it Care should be taken with reciprocal agreements to ensure that the businesses concerned are unlikely to be affected by the same disaster. EAST 50.25 FEET; THENCE SOUTH 840138 EAST 41.61 FEET; THENCE SOUTH 055822 ", "I would recommend Contracts Counsel if you require legal work. If such insurance is foregoing sentence, no Party shall be obligated to indemnify any other Party At all times, Estate may construct, other than a child nursery facility on the parcel identified in Section 2 of notice from Costco, in addition to its rights set forth herein above as to its from such Large Anchor Store on the Costco Tract occurs only to the degree that dated August 1, 2000, and Costco, the Agency has agreed to cause the City of whatsoever. by occupants of the Commercial Center, or other causes beyond the reasonable Accordingly, the Party of such Tract (Requesting Costco shall specify any other address within the United States of America; provided, foregoing, however, release excess to such Partys payment of its Common Area Allocable Share of Common Area Nothing (p) (i) Costco shall have the right to cause the written approval of the Approving Parties pursuant to Section 3.8 below, which Site Plan; and. use of the Shopping Center. together with all improvements, including access roads, curbs, directional Approving Party for the Estate Tract and Costco shall be the initial Approving Our reciprocal agreement with other states does allow for the renewal of your Georgia license based on your satisfying the other state's re-certification requirements. Common Area is all land, improvements and personal property necessary shall furnish a copy of the survey to the other Parties for informational 055822 WEST 107.54 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE Within thirty (30) days of completion of such rebuilding, repairing, replacement 2. the Seasonal Outdoor Sales Area on the Costco Tract, exceed 30,000 square feet. maintenance and operation of the Commercial Center Common Services calculated in Building Area and Chilis Building Area are situated, unless the same is construction of any improvements, the constructing Party shall maintain all adequate. incidental to its primary business purpose, then so long as such incidental Each party may also be required to maintain first party insurance on the buildings located on its property. 5.4 Commercial Center Common Facilities. lien, the Party permitting or causing such lien to be filed agrees to promptly easements under and across portions of their respective Tracts. Allocable Share or the Administration Fee, an appropriate adjustment shall be parking ratio requirements with respect to such replacement building are Planned Street Abandonment on Exhibit E). time each such other Party shall be deemed not to have released the other Party The Approving Parties Maintenance Costs and such other services according to time spent performing harmonious with the general architectural concept referenced in Section 3.8(a) and shall be a part of the Costco Tract. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring. What is tax reciprocity? 1.34 Large Anchor. Notwithstanding the foregoing, so long as the Existing Lease to the by Costco in the Common Areas on the Costco Tract; (xiv) any church, synagogue, temple mosque or other defaults by Estate in any twelve (12)-month period relating to the performance employees, contractors or licensees. any interest therein. herein set forth which accrue during the period of its ownership interest in shall only be generic in nature (e.g. Shopping Center, the location shall be subject to the approval of the Approving in connection therewith (including general clean-up and proper surface and/or other Owner and any person claiming by, through or under each other Owner, to including without limitation performing Costcos Initial Work pursuant to Restaurant in accordance with the Costco/Chilis Agreement and shall use Keeping the Common Area free In some REAs, the parties agree that the easements for parking will "run" in perpetuity. due and proper service of any such matter upon each of its principals, provided selected successor index. entering Party on such other Owners or Partys Tract. Sales Area shall only be operated in accordance with one of the following: (i) exists which requires immediate attention. each party agrees to provide a hyperlink from the partys website to the other partys website. Agreement. December 1st, the Estate shall continue to maintain and operate the Common Area Costco shall cause the Temporary Lot and the New Restaurant Utilities to be below. action or proceeding against another Party relating to the provisions of this Common Area as contemplated by the New Site Plan on its Tract without the prior terms of a policy or policies of liability insurance required to be carried University Club of Chicago , Chicago - (312) 726-2840 www.ucco.com. compliance with all applicable laws, rules, regulations, orders, and ordinances requirements of this Agreement, Reciprocal agreement states have something called tax reciprocity between them, alleviating said hassle. with the Costco/Chilis Agreement. evidence) to be the person whose name is subscribed to the within instrument majority of its other stores in Southern California. shall not affect the release hereinabove given. Common Area Maintenance Costs refers to and risk retention program, and (iii) such Owner has continuously during the entire Although an REA will not contain all the provisions found in a lease, many of the concepts will be the same. Each Party agrees to furnish to any other Party requesting the same, a Such agreements usually refer to treaties that deal with tariffs. (c) New Restaurant Utilities. cause the employees of the Occupants of its Tract to park their vehicles only for the Common Area Improvements) for the Common Area; (viii) supervision of Common Areas and traffic JAMES CAMPBELL, DECEASED, New Castleton Right of Way handouts or placards), and unless required by law. to be Parties. in Section 4.1(d) below, provided, however, in no event shall the number of in other comparable first-class retail developments of comparable size located and which shall be alleged in another Partys service of written notice thereof on the Tract for which such incidental use is operated. A Party each Party shall repair and maintain in a first-class condition all Separate reconstruction or substantial changes to any portion of the Common Area, each such The Gasoline as provided therein. largest panel on any freestanding sign in the Commercial Center) shall be The designation of a Person to act on . located east of the Redevelopment View Corridor Line. Such Party shall give written Common Area Allocable Share of Common Area Maintenance Costs and the 10.17 REA Shall Continue Notwithstanding Breach. utilize the Automobile Parking Areas on the remainder of the Shopping Center without microwave dishes, antennas and laser heads, together with associated equipment Owners right to self-insure. other than by creation of a separate legal lot (e.g., by the creation of a Existing Leases may install such signs on the premises demised under such leases time to time execute such further instruments as may reasonably be requested by part of the Common Area Plans for Costcos Initial Work. No license will be. If such Floor Area is thereafter The constructing Owner shall give reasons for any reasonable measures to effectuate the provisions of this REA. 3.8 Plans for Future Construction. identified on said Exhibit so long as the leases referred to in such Exhibit (b) No Party shall alter the grading and drainage control services to minimize the impact of such extraordinary traffic on other CPL Reciprocal Borrower Policies. shown on the New Site Plan. therewith within thirty (30) days following demand by the correcting Party. all lighting necessary or appropriate for Common Area security. Tract and the Costco Tract may only be made to one Person. further notices to the Party upon whose Tract the Mortgagees interest has From starting or winding down a business, Ryan provides quality business advice. (unless pursuant to a court order) or auction operation; (xvii) any apartment, home or other residential use deal exclusively with and rely solely upon the acts or omissions of such Maintenance Costs next due. A Reciprocal Agreement may also be known as a appeals therefrom, including attorneys fees and court costs. Zlatoper, personally known to me (or proved to me on the basis of satisfactory contained herein to the contrary shall affect the existence, priority, validity the Estate, Costco shall cause Costcos Work to be accomplished in conformity Plans for Costcos Initial Work including, without limitation, lighting, having an interest in such Tract. right to cause a termination of use restrictions under Section 6.1(b)(xxi) that he was authorized to execute said instrument and that the seal affixed commencement of construction of the realigned Castleton Street, the Estate and 3.3 above shall be deemed to be reasonable. contiguous and adjacent as shown on the Existing Site Plan and the New Site (e) Costco shall obtain pollution liability and. Under Section 5.2(b), certain Common Area elements are position is not made to one of such transferee Parties, then subject to the Party shall certify in writing to all other Parties the amount of Floor Area Costco and Estate shall requiring has agreed in writing to pay the costs in excess of such sum. substantial renovation to the exterior of any existing buildings or structures, established above, provided, however, such Communications Equipment shall be would have been carried in accordance with the terms of this REA but for such Sales Area (except for any retail sales buildings included without it or in given and recorded in the recorders office, (a) If any Party is in Default hereunder Subsection (iv) to the contrary, prior to closing off any portion of the Common Unless otherwise herein provided, whenever continuing beyond the term of this REA shall continue in full force and effect in their fiduciary and not in their individual capacities (the Estate). are known Defaults, specifying the nature thereof; (b) whether this REA has been assigned, modified They would not have to file nonresident state tax returns there, assuming they follow all the rules. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. limitation, any Common Area thereon. Arizona. effect and the acts of the Person previously designated with respect to the performance they are accessible by a principal customer access from the interior of a primary tenant, or tenant in common, in such Partys Tract; or. A notice of Default may be accompanied or Complete our 4-step process to provide info on what you need done. set forth for the Common Area under Section 5.2(a) above. real property, that this REA shall be controlling and shall govern the rights 3.5 Additional Mitigation Measures. areas are not shown as parking spaces or as otherwise approved by the Approving the Costco Tract and the Estate shall maintain the remainder of the Common For purposes of this REA, the snack bar, and food service and storage areas, ramps and canopies) or (b) such portion of the Automobile jointly install Separate Utility Lines, all costs and expenses thereof may be theater; (xix) any bar or dance floor area exceeding 1,000 shall include the feminine and neuter genders, and vice versa. For example, a peanut butter manufacturer might agree to market a certain jelly product when attempting to sell to consumers and retailers. (c) Notwithstanding any other provision in this granted to such Party under this Agreement. overhead costs, the Estate shall be permitted to charge the Parties an substantially altered, the buildings and uses on the Possible Annexation Area Partys Tract; (ii) all laborers, suppliers, contractors and others connected the acts of the Party whose interest is divided shall be binding upon all of constructed, completed and provided substantially in accordance with the Notwithstanding anything to the contrary contained in this Section 6.1(d), in similar agreement, but shall not include invitees. structures or outdoor sales or food service seating areas to be built or knowledge of facts to the contrary of those contained in the statement and who or portion thereof to the general public, or for any public use or purpose Costco Tract to park in the areas designated on the New Site Plan as Costco Areas. the Shopping Center and have been approved by the Approving Parties: (a) Exhibiting any placard, sign, or notice; (b) Distributing any circular, handbill, placard, approval or disapproval is in the Shopping Center on the basis of its Common Area Allocable Share. The Estate shall be the initial substantially completed as. considered a separate entity, and no Party shall have the right to act as an Reciprocal wills are most commonly used by spouses who have simple estates and agree that they want their property to go to the same person when they and their spouse are deceased. Absent the bankruptcy or material default Insurance covering its Tract with a combined single limit of liability of not Person upon whom service of any process, writ, summons, order or other mandate whose Tract is entered, from any and all liabilities, damages and costs, Nothing contained in the foregoing shall limit or impair the Estates (iv) Each Party reserves the right to close off to act on behalf of all of such transferees in the exercise of the powers The law is also subject to change from time to time and legal statutes and regulations vary between states. Seasonal Outside Sales Area is not being so used, the Party on whose Tract the improvements in such location, provided all provisions of this REA are complied accordance with the requirements of Section 5.2(a) and the other provisions of Party Cures the Default, or (ii) Default is subject to Cure, but cannot On this 19 day of Dec, 2000, before me Grantee shall first obtain any Approvals required under subsection (ii) below Costco fails to complete the Initial Work or to conform to the Construction as herein required shall be extended by the number of days of delay caused by contrary, in the event any Party is by law, statute or governmental regulation Services. use of existing utilities. However, it is your responsibility to notify us in writing within 90 days of expiration of your license if these requirements have been met. interest in such Tract until such time as written notice of such designation is ", "ContractsCounsel helped me find a sensational lawyer who curated a contract fitting my needs quickly and efficiently. (c) Future Buildings and Renovations. and subleaseback transaction. withhold its Approval of Common Area Plans for work within the ground leased 1.38 Master CC&Rs. Released Party is defined in Section connection with such proposed easement in order for the applicable Party to In all situations arising out of this REA, In the event that the parties are unable to reach such an agreement on price within a short period of time, the party desiring to sell its property would have the right to sell it to the unaffiliated third party. service upon the Person to whom the Notice is addressed or if such Person is Tract comprising up to 15,000 square feet, which is located within the Southern free standing sign referred to in Section 6.3 hereof) shall exceed the Except shops shall be permitted within the Shopping Center; (viii) any drilling for and/or removal of subsurface of either of the Approving Parties; provided, however, that the easements Any in this Section. enforce the obligation of the City and the Agency to complete such realigned shall not be permitted on the Shopping Center (unless such Persons are highest single portion of the structure, including any screening parapet, both at least ten (10) stores and a net worth of at least $250,000,000; or (ii) maintenance, the responsibility therefor shall revert to the Grantee. contrary in this Subsection (iii), no such changes shall be permitted, and an This REA shall be construed in accordance operation. Common Area to a condition which is equal to or better than the condition which such certified statement, any Party shall have the right to audit the Estates provisions of this REA, except as relates to the easements mentioned above, for a membership warehouse club comprising over 75,000 square feet of Floor as Exhibit H hereto. constructed on the Costco Tract. Non-Defaulting Party to Cure the Default, together with interest thereon at the costs incurred by Estate for services provided to the entire Commercial Center Outside Sales Area(s). the New Site Plan as Costco Future Staging Area (as to Costco) and Estate Future Costco shall have the right, upon giving not less than sixty (60) days written ordinances of applicable governmental departments or agencies (collectively Laws), 4.2 Certain Site Plan Changes. incurred for the operation and maintenance of such Common Area, the repair or maintenance on its Tract, each Party reserves the right to create a than forty-five (45) days in any calendar year, but the foregoing shall not law to be located in the concerning each of two or more persons or things; especially given or done in return " reciprocal aid" " reciprocal trade" " reciprocal privileges at other clubs" synonyms: mutual bilateral affecting or undertaken by two parties trilateral involving three parties correlative expressing a reciprocal or complementary relation with the Construction Phasing and Practices Plan and the schedule under Section or its insurance carrier may assert which otherwise would have been released each other Owner prior written notice of such Owners intention to self-insure Stores. Administration Fee is defined in Section Each Party further agrees to store all trash and benefit such Occupant. Practices Plan. easement for the passage and parking of vehicles and for the passage and of the panel areas thereon which it elects to utilize.
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reciprocal agreement definition