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HomeMy WebLinkAbout0010 r- ~ • STATE Off' FLO~ItI DA COUNTY OF ST. LUCIE CRnSS PARKING EASI:ML•'NT i TIIIS INDENTURE, made . thi s~~AJ~'" day of 1976, ~ between RONALD C. KUTSCEIINSKI, ~ndiv:dually, and RONALD C. KUTSC1fINSKI, Trustee, hereinafter referred to collectively as "LANDLORD", and FAIRLANE/LITCIII~IL•'LU CO., INC., a South Carolina corporation, hereinafter referred to as "FAIRLANE"; j - W I T N F. S S E T lt: s tiUEREAS, contemporaneously with the execution hereof, FAT1tL~1NC is leasing certain premises fronting in part upon U, S. llighway No. 1 in the City of Dort Pierce, County,of St. Lucie, State of Florida, from KUTSC[IINSKI; and h'ttI:ItEA5, the parties deem •it for t.t~ei r mutual ,benefit to establish joint access and parking upon property of the other. NOW, T1tEREFORE, in consideration of the execution of said Lease by each of the parties and in further consideration of t.hc mutual rights and advantages herein set forth, and other ~•aluable consideration, each of which said parties hereby gives, •~rant5 and conveys unto the other party tl~e right and easement of egress, ingress and regress over and upon the streets, alleys, ways and parking areas maintained frc:m time tc time by the parties ' upon their respective properties described on Exhibits "A" and "D" for a term of 25 years and for such further term as s:,id Lease may Le 'extended by FAIRLANE pursuant to the options therein granted. 1':;crcise of FAIRLANE'S option to extend said Lease executed con- i ~•ml?orancously herewith, shall be dc~cmed an extension of this Cross Parking Easement. t:ach of the parties shall be rr_.ponsible for tl?e maintenance ~ and upkeep of their respective parkind aromas. L•'ach of thu parties do.~s her41~}• indemnify and agree to hurl tt~~c other harmless from :~u}• liabilit}~ arising by virtue cif the exercise of the rights lrvrcin ~lrant~d. E R `!'hc parties reserve to themsclv~s the unfettered ric3ht to cl~anc~e the transportation corridors, streets, alleys and park- inr3 .?r~~as as may now exist or licreaftcr exist; provided, however, r.uch change shall not be perwiteed where it shall deny reasonable ~cc:~_.s >,y the tether party and its invitees to the parking areas provid.~d by the other party making such change. t'acl~ of tl~e parties agrees to furnish releases or subor- dinations irc~m the mortgagees and/or trustees under any trust dc~d ~r deeds of trust, mortgage or morty.iges, securing payment of and indebtedness of that party, which shell contain apt pruvi:;ions wider the terms of which the existence of this Ease- m~•nt :;hall be recognized, and wherein it shall l,r. providev that, :;0 1 c~ncl as thr other party compl its with the c~hl illations imposed j u~~~~n th~~ oth~•r under this Eas~•ment 1lyrcemcnt., neither party nor t_h~•i r :successors and assigns shall l~c~ disturbed or molested in ~ ,i XHiBiT,~.B, nR s~ 3~:3 Pa~E 10