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Vacation - Danch, Harner & Associates
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Vacation - Danch, Harner & Associates
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Last modified
4/1/2025 8:25:34 AM
Creation date
12/22/2017 12:13:01 PM
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Board of Public Works
Document Type
Vacations
Document Date
12/21/2017
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NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the Parties agree as follows; <br />1. , RECITALS. The Whereas Recitals hereinabove set forth are a part of this Agreement for all <br />purposes. <br />2. Each Party hereto does herein grant and convey to each other Party forever and their successors and <br />assigns, agents, customers, employees, licensees, invitees and lessees aperpetual non-exclusive right and easement <br />for pedestrian and vehicular traffic on, to and across their respective parcels hereinabove described. <br />3.. Each Party shall, at their own expense, maintain their respective parcels. Each respeetive Party fturthe.r <br />agrees, at their own expense, to pay the real estate taxes and assessments on their respective parcels, <br />4Each Party further agrees that they will not suffer nor permit any fence, brush, structure of barrier <br />type of any kind to be installed on the common boundaries of the real estate parcels owned by the Parties hereto and <br />abutting the other parcels hereinabove described, it being the express intent that the Party tiser shall have rights on, <br />to and across the respective parcels to and from the public right of ways and to and from each respective parcel. <br />5. The easements granted in this Agreement ,and the associated benefit shall constitute covenants <br />running with the land described in the parcels above, The easements granted herein are not intended, however, to <br />and shall not create any rights in or for the benefit of the general public, <br />6. In the event of breach of any attempted or threatened breach of this Agreement, the remedy of <br />injunctive relief shall be available to the aggrieved Party because the inadegtiacy of legal remedies and the <br />irreparable harm which would be caused by any such breach. <br />7. All costs and expenses, including reasonable attorney's fees, incurred by the prevailing Party in any <br />dispute arising under or out of this Agreement shall be relnrbursed to the prevailing party. by the non -prevailing <br />Party. <br />8. Nothing in this Agreement is intended nor shall be construed to make the Parties hereto partners or <br />joint venturers or to render any of the Parties liable for the debts or obligations of the other. <br />t2/01/2017 <br />
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