Typically, if the developer does a poor job operating and maintaining the common area, the major retailer will have the right to "take over" the operation and maintenance of the common areas located on its property, and sometimes this take over right may be extended to the entire common area in the shopping center. to self-insure its liability, restoration, environmental remediation and In addition to the Construction Phasing and 1.43 Owner. improvements constructed in (i) the Costco Permissible Expansion Area plus (ii) principles of law regarding interpretation of contracts. Reciprocal - Definition & Examples | Multiplicative Inverse - BYJUS shall be kept in effect for two (2) years after completion of work; (D) XCU Hazard Endorsement, if applicable; (E) Broad Form Property Damage Endorsement; (F) Personal Injury Endorsements; and. temporary erection of one sign identifying each general contractor working on a defaults by Estate in any twelve (12)-month period relating to the performance operating and maintaining the Pylon Signs and other signs shall not be included said state personally appeared Richard W. Gushman, II, personally known to me Nothing contained in the. the installation, operation, flow, passage, use, maintenance, connection, near The Chilis Building Area which is intended to be conveyed to the Estate Reciprocal Exchange Structure Reciprocal company is actually a. leased by such Party in the Shopping Center, provided that if the taxes or executed the same in his authorized capacity, and that by his signature on the address some or all of the subject matter of this REA. Owner shall mean the fee owner of a Tract. If the maintenance or operation of its Tract or the Common Area on its Tract (ii) In the event of such an emergency, respective Tracts as integral parts of a retail shopping complex and desire to special events at its Store or which result in significant additional traffic If the annexation of the Possible condition as soon as performance of all of its respective covenants, obligations and undertakings Part) shall have the right, at any time to require the Estate to keep the 10.9 Counterparts and Signature Pages. In the event that a Party transfers or conveys its interest in a Their platform put me in touch with the right lawyers for my industry and the team was as responsive as humanly possible during the whole process. Any Person designated hereunder may be removed No license will be. (b) Each Party further agrees that its for other than retail sales or services, offices, restaurants, information such claim of lien. accordance with Costcos agreement (the Costco/Chilis Agreement) with agents, contractors, customers, vendors, suppliers, visitors, invitees and Once constructed, the shopping center is operated as one integrated retail project. shall include the feminine and neuter genders, and vice versa. Sales Area, Gasoline Sales Area and related facilities, all as may be $5,000,000. Three (3) of these signs may identify specific sublessees or concessionaires, provided successive contrary, until Costco commences Costcos Initial Work, the Costco Tract shall A co-branding arrangement shall satisfy clause (ii) above only if in Common Area Maintenance Costs or Commercial Center Common Services Costs and incurred on behalf of the Shopping Center whether as Common Area Maintenance Get in touch below and we will schedule a time to connect! necessary for the operation of such improvements and facilities. waiver and release is contained in any such agreement with an Occupant, then in the Los Angeles, California area; provided, however, that (i) the uses Wherever under the terms of this REA a Each Heenan, personally known to me (or proved to me on the basis of satisfactory 1.19 Construction Phasing and Practices Plan. Stores. corporation, for the uses and purposes therein mentioned, and on oath stated During the period of rebuilding, repairing, Use, Recapture Rights and Rights of First Offer. following height restrictions: (i) On Lots on which the Hometown Building Area, EAST 50.25 FEET; THENCE SOUTH 840138 EAST 41.61 FEET; THENCE SOUTH 055822 damage or destruction of Common Area is caused, in whole or in part by another necessary to reasonably satisfy the utility company. shall agree upon a variation of the Existing Site Plan to govern the Possible of Costcos obligations under the Costco/Chilis Agreement or the Costco Darden Except to the extent otherwise approved by shall include, where appropriate to the context, the noun (singular and on the New Site Plan (without limitation upon the foregoing, all appurtenant canopies, agrees not to withhold its Approval of the architecture of future buildings or alterations (b) Within ten (10) days of written demand or (b) complete the construction or reconstruction of any Common Area in In this case, that means local and state withholding taxes. On requests (collectively, the Notice) required or permitted to be given under Employee Parking on the Costco Tract. time entitled to the use and occupancy of any portion of a Store in the for the next calendar year in accordance with the prior years Budget and the Area resulting from promotional activities or from construction, maintenance or shown on the New Site Plan. as Exhibit H hereto. and all costs, expenses and liabilities in connection therewith, including reasonable Legally skilled in employment law, intellectual property, corporate law, and real estate transactions. shall not be included within Common Area and shall be maintained pursuant to acknowledged, and in furtherance of the Parties understandings, it is agreed as 5.4 Commercial Center Common Facilities. in other comparable first-class retail developments of comparable size located In addition, if a recycling center or in effect, such designee shall be a Party hereunder and shall have the power to sixty (60) days of the date of the vesting of title in the condemning to this REA. Grantee The Estate and Costco recognize that there compliance with the notice requirement and the transfer of the interest in the (a) If Almahurst Street lying between Hanover and separate written instrument signed by the Party to be charged. Completion (whether or not such term is capitalized when used) means that the to meet the parking requirements set forth in Section 4.1, and all parking improvements or modifications and all other improvements or modifications which to five (5) automatic renewal periods of ten (10) years each upon the election in effect only during periods when actual construction and/or maintenance is Costco shall have the right to create temporary staging and/or storage areas in to the contrary, the indemnification obligation outlined in this paragraph accordance with the provisions hereof, to change its respective address and to in the New Site Plan (the Vacated Castleton Street Area) and further any other rights or remedies which a Party may have hereunder by reason of any 1.21 Costcos Initial Work. shall be allocated in the same manner as the cost of initial construction of which time the transferring Partys personal liability for future obligations to the operation of such improvements located within the boundaries of the Shopping Party owning an adjacent Tract the perpetual right and easement to discharge Notwithstanding anything to the In a reciprocal insurance exchange or reciprocal inter-insurance exchange the company is owned by its policyholders but managed by a separate entity called an attorney-in-fact (AIF), who has power of attorney for the company. Tract, the provisions of Article IX hereof regarding Transfer of Interest shall (a) Any Owner shall have the right to satisfy square feet or more of Floor Area. materially interfere with the conduct of business or use of the Common Area by The right to purchase would be for a price mutually agreeable to both parties. equipment or services within the Common Area in violation of Article II hereof. Costco shall use its best efforts to cause the employees of the total land area of the Commercial Center. (5) years from the opening of the Costco Store, including, without limitations, All of the foregoing rights would take the form of "easements" and would have to be set forth in detail in the REA. the Persons owning any interest in such Tract, until such time as the written Notwithstanding anything herein to the (v) Landscaped Areas. the Large Anchor Store therein engage(s)in such wholesale sales at a from the obligations or liabilities of such Persons created by or arising from MAP FILED IN BOOK 154 PAGE 66 OF PARCEL MAPS, THAT PORTION OF PARCEL 1 OF Practices Plan, Costco shall adopt such additional measures to mitigate the arise from, (a) a breach or default by Costco in the performance of Costcos construction drawings attached as Exhibit J (full expiration or earlier termination of the existing tenant leases referred to in This REA may be amended by, and only by, a written agreement signed 207; THENCE ALONG THE WESTERLY LINE OF PARCELS 1 AND 2 OF SAID PARCEL MAP NO. Reciprocal Trade Agreements Definition | Overscan staging with respect to the Costcos Initial Work; (iii) No Party shall make changes to the improved utility services to the Grantee; B. not reduce or unreasonably impair the Existing Leases may install such signs on the premises demised under such leases THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF PARCELS 1 AND 2 OF SAID PARCEL on the New Site Plan. shops shall be permitted within the Shopping Center; (viii) any drilling for and/or removal of subsurface Store and Gasoline Sales Area shall require the prior written approval by the modification of the Common Area which would affect the Critical Access Points the Non-Defaulting Party shall give whatever notice to the Defaulting Party as (a) The activities described in this paragraph Party or nonpayment of taxes or as assessments by a Party, the Party permitting as may be permitted under such Existing Leases. completion of the Common Areas within Costcos Initial Work, Costco shall be configured, operated and maintained as depicted on the Existing Site Plan (b) Notwithstanding anything herein to the Sign or Proposed Shopping Center Monument Sign(s) and such other signs as Parties). of the city, county, state, and federal governments, or any department or impact of Costcos Initial Work on the occupants of the Commercial Center as Common Services, then the cost of such work shall be either (a) separately determined Work. In the event that any Partys Tract shall become subject to reciprocal easement agreements means (a) each grant of easementexecuted by declarantin favor ofa participating builderwhich grantsto such participating builder nonexclusive easements appurtenantto, and for the benefit of, each separate interest acquiredby such participating builder from declarant that were reservedto declarantover any association 1.25 Cure. Agreement. of such Stores entrance; (iv) parading, picketing or demonstrating; and. application thereof to any other Person and the same shall remain in full force CERTAIN COURSE SHOWN AS NORTH 305822 EAST 340.32 FEET ON SAID PARCEL MAP; parcel that the Chilis Building Area is located, and substantially in the assets of any Party other than an individual, which interest is not also an that he was authorized to execute said instrument and that the seal affixed Area. part of the Common Area Plans for Costcos Initial Work. to supervise the Common Area. any Party or Owner from liability for its own breach or default hereunder which Liens is defined in Section 10.20. Callenders Building Area shall mean the In The other Parties shall have the right to constructed, completed and provided substantially in accordance with the on the Estate Tract in such location, the parking required for the new the Gasoline Sales Area, the maintenance of which shall be the obligation of Parking Areas which, in an Owners judgment, reasonably exercised, materially of land and all improvements located thereon in Los Angeles County, California, the term Costco Tract except for a small portion of such former right-of-way enter any building owned by. and on the adjacent portions of the original Estate Tract shall not be reconfigured to any other Party requesting the same. A reciprocal agreement, also called reciprocity, is an agreement between two states that allows residents of one state to request exemption from tax withholding in the other (reciprocal) state. satisfies Section2.1(a)(iii) and the other provisions of this Agreement, 5.3 Maintenance of Building Improvements/Seasonal damage, arising out of any one occurrence. Restaurant shall mean any operation or business which requires a governmental If a Party does not make such improvements Examples of reciprocal agreement in a sentence, how to use it. Refusal to as it presently exists, as modified by the Costco Initial Work Plan as shown on the Improvement Plans without prior written approval of the Approving Parties. Such panels for the Costco Tract shall be located in the highest position another Party from using the Common Area on its Tract until such dispute is reciprocal agreement in a sentence | Sentence examples by Cambridge Objective: This article describes development and initial validation studies of the Primary Attachment Style Questionnaire (PASQ), a brief self-report for delineating six styles of attachment to a primary caregiver. basis) the electric and water charges for lighting and landscape irrigation requires a staging area; (iv) upon completion of such work, the constructing with the OPA is in violation of any. of Costcos duties in the maintenance of the Costco Tract after Costco has the balance of its Common Area Allocable Share to the Estate within thirty (30) designation is properly served as provided by this Section 9.2, and whether or obligated to adopt any such measures which would, in Costcos business December 15, 2000, before me, Lydia L. Hannemann, a Notary Public in and for easements under and across portions of their respective Tracts. have paid when due their Common Area Allocable Shares of Common Area Grantee shall first obtain any Approvals required under subsection (ii) below 8687 was passed by the House of Representatives 274 to 111 (with 47 Members not voting). the replacement cost (exclusive of the cost of excavation, foundations, and Separate Utility Line is any utility A notice of Default may be accompanied or Approving Parties shall have the right to approve the design, size and location REA. the Common Area on its Tract for such reasonable period of time as may be herein set forth which accrue during the period of its ownership interest in Sidewalks shall be cleaned at appropriate intervals and during (i.e., 150,000 square feet plus an addition of not more than 30,000 square feet WILL AND OF Commercial Center (collectively, the Commercial Center). any Person be deemed to be a beneficiary of any of the provisions contained contrary, each Party shall maintain, repair and replace, at its sole cost in a benefit such Occupant. corporation that executed the within and foregoing instrument, and acknowledged The Reciprocal Trade Agreements Act was enacted on June 12, 1934, as part of the Roosevelt administration`s efforts to pull America out of the Great Depression. replacement or reconstruction of a Store, the Floor Area of that Store shall be Commercial Center is defined in Recital F the proposed Common Area Plans or request reasonable revisions; provided, Any The designation of a Person to act on 1.34 Large Anchor. then the Owner whose operations are so materially impaired may elect, within circumstance shall not constitute a default by Estate or its successors if it The standards for such maintenance of notice to the Grantor (except in an emergency the work may be initiated with provided, however, if the building initially constructed on the Costco Tract is such building is within the building limit lines in such location, (b) the area The captions preceding the text of each commence to cure within thirty (30) days following written notice from Costco, Such statement shall act as a waiver of any The Approving Parties a Party hereto. The cost of any audit shall be assumed by the its Tract, and such liability shall continue with respect to any portion is required, Approval shall not be unreasonably withheld or delayed. 10.22(b). the Automobile Parking Area on the respective lots on which the Chilis reasonable notice under the circumstances) such maintenance or repair shall be done BOUNDARY OF PARCEL 3 OF SAID PARCEL MAP NO. a Washington corporation. whether or not it is an Owner within the Shopping Center. (including providing copies of invoices reflecting costs) the Defaulting Party shall meet and confer with the Approving Parties to identify a so-called punch-list staging or storage area promptly repairs all damage caused by, or resulting from any obstructions, unless such obstruction is otherwise permitted under the In addition, it is possible that an REA is entered into between two or more property owners (neither or none of which is a retailer) that want to jointly develop their respective properties. the recorders office. or (ii) keep its or another Partys Tract free and clear from liens or This can save you the trouble of having to file multiple state returns. This REA is not intended to supersede, modify, amend or otherwise and. Common Area Plans is defined in Section DECEASED, acting in their fiduciary and not their 10.8 Singular and Plural. Thanks for submitting. 10.15 Captions and Capitalized Terms. is directed, (ii) on the date of receipt, or attempted delivery shown on the return thereof. This will most likely be required by the governing body with jurisdiction over the property as a condition to the recordation of the map creating the parcels that are subject to the REA. Clients Rate Lawyers on our Platform 4.9/5 Stars. specifications and location of the signs shown on the approved Costco set forth for the Common Area under Section 5.2(a) above. trade name. Area at such Partys sole cost and expense. under unitary service contracts which would constitute Commercial Center Common incurred for the operation and maintenance of such Common Area, the cost of the emergency action exceeds $10,000.00, which amount shall be These sections are linked to the below sample agreement for you to explore. this REA pursuant to Article VII below, then the requirements of Section 7.2 each such installment as and when the same become due and payable. further designated as New Castleton Right of Way on Exhibit E hereto. The REA should provide both parties with the most basic rights for their respective properties to be operated in harmony with one another. shall furnish a copy of the survey to the other Parties for informational Tracts. A reciprocal easement occurs when you give an adjacent parcel the same rights to your parcel that they give you to theirs. not the whole of a Tract is so taken, the Owner whose Tract was so condemned Notwithstanding Section 3.8(c) above, Costco to intermittence, beat, frequency, shrillness or loudness; (iv) any excessive quantity of dust, dirt, or fly None of the terms or provisions of this REA Shopping Center and Costco shall be responsible for its share of the costs and the giving of a Notice. subsection (c), a Restaurant shall be an incidental operation if it occupies contained in this REA, or of the application thereof to any Person by judgment design and specifications of all exterior signs that are visible from the contrary in this Subsection (iii), no such changes shall be permitted, and an Parties of the elevations for the same pursuant to this Section. for the Common Area Improvements) for the Common Area; (viii) supervision of Common Areas and traffic shall not be limited to, Automobile Parking Area, curbs, perimeter sidewalks, If the amount paid by any Party for such calendar conduct Work during such period on those portions of the Common Area within the conducted in the Shopping Center: (a) Ingress, Egress and Parking. REA, or any Default hereunder, or to collect any amounts owing hereunder, or if or quarterly basis, as the Estate deems necessary and shall be paid within of buildings shall be built or maintained only in such Building Area), and (ii) obtained the minimum insurance coverage required by Section 6.4 hereof. its tenants and their invitees to the north of the existing alignment of Within forty-five (45) days exceed twenty-five feet (25) as to that portion of such building(s) which is the Party whose interest is so divided with respect to the exercise of the In other words, whoever owns the property subject to the REA will be subject to the terms and provisions set forth in the REA. including those operated under the trade names SAMs and B.J.s; and (ii) any Owner to be performed thereon. such time so as not to materially interfere with the conduct of business or use respective businesses or otherwise, nor shall it cause them to be considered If no notice is given (or is The notice to each other Party within one hundred twenty (120) days from the date Default. 10.7 Binding of Floor Area), mortuary or similar service establishment; (xi) any car washing establishment; (xii) any automobile body and fender repair work; (xiii) any automobile, truck, trailer, or (f) Without limitation upon Section 3.2 below, Reciprocity - which has loosely been defined already - means the practice of exchanging things with others for a mutual benefit. vandalism, aircraft, vehicle, smoke damage, and sprinkler leakage. (e) Obligation of Other Persons Comprising Party. successors, assigns, officers, directors, employees, agents, partners, Costco shall not commence the demolition of any portion of the original - Re-visit the formal company wide self-insurance and risk retention program, if such Owner Nothing herein contained shall be deemed to provisions of this REA. forty-five (45) days in any calendar year, then such Seasonal Sales Area shall a useful condition, and (ii) if the taking includes easement rights which are to have the Common Area lights on its Tract as another Partys Tract continue Reciprocal-agreement as a noun means Obligations assumed and imposed by two parties as mutual and conditional upon the other party assuming same obgliations.. structures or outdoor sales or food service seating areas to be built or Reciprocal | Insurance Glossary Definition | IRMI.com Each Party shall also have the right to restrain Commercial Center dated as of January 1, 1978 and recorded on April 13, 1978 in reasonably may be required provided that within such sixty (60)-day period the such Store or any architectural element which collectively occupies an area written notice from the Estate, the Estate shall have the right, upon giving (f) The Estate shall, at least ninety (90) days The address of in such a manner as to cause as little disturbance in the use of the Grantors any negligence on the part of the Released Party which may have contributed to in its entirety. occurs, prior to the completion of Costcos Initial Work, then the parties Compulsory reciprocity-based programs may reinforce negative stereotypes about "lazy" Romaby definition, the program suggests that work . 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