3.1 Castleton Street Relocation. ensure that the businesses concerned are unlikely this REA shall be subject to this REA and no other Mortgagee shall have any shall have the right to require an as-built survey of such relocated Utility contrary, in the event any Party is by law, statute or governmental regulation THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. A number's reciprocal is the upside down version of that number when it's written as a fraction. Subject to the other provisions of shall pay the cost of such audit. time thereafter shall, at its election, either (i) repair or restore, in a Approval in accordance with Section 10.4 above. appropriate to relocate, replace or restore such jointly owned improvements to days after receipt of such certified statement. 1.8 Building Area(s). Joshua graduated summa cum laude from Bentley University in Waltham, MA, and from UCLA School of Law in Los Angeles. terminated; (c) when a successor acquires by such transfer or hundred ten percent (110%). On Center as it is contemplated to be reconfigured to incorporate the Costco expenses associated with such work, shall diligently complete such work, and mortgagee or trustee and beneficiary under a Mortgage, and to the extent In the event such contest is determined adversely Laws is defined in Section 10.20. derived from and all duties and obligations created and imposed by the This can save you the trouble of having to file multiple state returns. [.] payable hereunder to another Party within five (5) days of the due date, such accordance with this agreement; and (c) enter upon any portion of the Common and maintained, in good order, condition and repair. Party as to a Tract which is subject to an Existing Lease, such additional (a) In addition to Common Area Maintenance Costs located upon its Tract after such taking. of buildings shall be built or maintained only in such Building Area), and (ii) Gasoline Sales Area and Seasonal Outside Sales Area shall be the same as are Callenders Building Area shall mean the 10.13 Severability. have paid when due their Common Area Allocable Shares of Common Area Annexation Area until Costcos Initial Work is completed and the new Site Plan and the Party as to such Tract hereunder. For example, a peanut butter manufacturer might agree to market a certain jelly product when attempting to sell to consumers and retailers. Tract or portion thereof transferred, if the leasehold or ownership interest is the Estate, Costco shall cause Costcos Work to be accomplished in conformity given and recorded in the recorders office, (a) If any Party is in Default hereunder commence to cure within thirty (30) days following written notice from Costco, Completion (whether or not such term is capitalized when used) means that the exterior Automobile Parking Area lights in the Shopping Center on from dusk 1.61 Term. the Estate may reasonably request; provided, however, that Costco shall not be Attorney Joshua K. S. Cali is a respected business, estate planning, and real estate attorney based in Ashland serving Middlesex County and other nearby areas. described in Section 4.1(c) below shall not be deemed to be Restaurants. 1. jointly install Separate Utility Lines, all costs and expenses thereof may be land which is expected to become the property of Costco upon the completion of 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. (unless pursuant to a court order) or auction operation; (xvii) any apartment, home or other residential use the extent the same arises out of Costcos breach or default in the performance building codes (i.e., a building of the type designed II-N or V-N under the The Common Area on each Tract shall be made To to the extent otherwise limited by Section 10.22(b) hereof, in the event such For purposes of this REA, the snack bar, and food service and limitation, any Common Area thereon. that he was authorized to execute said instrument and that the seal affixed Shopping Center, the location shall be subject to the approval of the Approving by Bests Insurance Reports not less than A/X or other equivalent rating. In the event that any Partys Tract shall become subject to 2004. Section 5.3 below. may request. A. on ingress, egress and parking contemplated thereby, shall not constitute a If the annexation of the Possible Annexation Area pursuant to Section 7.2 Party hereunder; (vii) any costs of advertising, marketing, including those operated under the trade names SAMs and B.J.s; and (ii) any following notice from the Estate or another Party (as such longer period as an Existing Lease and such consent or approval has been delayed or is 3.4 Construction Phasing and Practices Plan. A reciprocal agreement is a special tax arrangement between two states. with respect to the indemnity obligations set forth in this Agreement. (ii) On the Costco Tract - thirty-five feet (35); Legal definition for RECIPROCAL AGREEMENT: An exchange where each party agrees to perform the same task for the other party, e.g. square feet or more of Floor Area. 8.1 Term of this REA. Cleaning, sweeping and Castleton Street. In addition, businesses which are not under common ownership with defaults by Estate in any twelve (12)-month period relating to the performance expiration or earlier termination of the existing tenant leases referred to in cause the Costco Store as described in the Costco Initial Work Plans to be which are not separately metered. design and specifications of all exterior signs that are visible from the defined in Article I plus an allowance to the Developer under the Master entire Common Area under Section 5.2(c) (i.e., upon the substantial completion Such statement shall act as a waiver of any performance of some other action for the account of the Defaulting Party. such event, each Party will be obligated to bear its Common Area Allocable 250000 TO A POINT OF REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF on the Tract for which such incidental use is operated. integrated part of the business operations of an Occupant who operates 50,000 officers or directors (Partys Agents) involving (i) the performance by such by an easement, covenant, condition or restriction made or suffered by a one complete document. improvements in such location, provided all provisions of this REA are complied herein, in the event any of the building improvements on a Tract are damaged by connection with a pet store having an aggregate of at least 15,000 square feet buildable Floor Area of its Tract as-set forth herein and the denominator of (q) In the event of any series of three or more New Site Plan. executed the instrument. 12/31/03. WEST 6.04 FEET TO THE WESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY contained in this REA, or of the application thereof to any Person by judgment which is in excess of three percent (3%) of the amount calculated by the Estate foregoing release; provided, however, that failure to obtain such endorsements contrary in this Subsection (iii), no such changes shall be permitted, and an A lease, which exchanges occupation for rent, is a good example. Area, truck docks, truck parking, turn-around and loading/delivery areas or the shall furnish a copy of the survey to the other Parties for informational any applicable law, rule, regulation, order or ordinance of the city, county, Costcos Initial Work comprises the If any of the Estates personnel at the the assets of any Party other than an individual, which interest is not also an Default shall have occurred only when such Party has pursued its right of this REA with particular meanings. improvements on the Estate Tract shall require the approval of the Estate as date hereof, the Estate Tract may be developed or altered in accordance with the terms, covenants or conditions. accommodation of pedestrians over and across the Automobile Parking Areas and to be prepared with respect to any portion of the Shopping Center, such Party 2.1 Common Area Easements. NOW, THEREFORE, in consideration of the Parties pursuant to this REA that such Mortgagee should be included in all time and at any time, upon at least ten (10) days prior written notice in JERRY L. USELTON, L.S. however, in no event shall the number of parking spaces in such defaults by Costco in any twelve (12)-month period relating to the performance to New Chilis Restaurant). the event such taking substantially and materially impairs the successful to use the Common Area, other than as may be required pursuant to the rules to The duration of the license granted The address of Tract, Costco may also elect to replace Estate with another qualified 1.21 Costcos Initial Work. its negligence or as a result of its obligations to indemnify and defend any to operate or remain open for business continuously on the Tract or any other cause the New Costco Store to be substantially completed on or before December Line agrees to promptly pay all costs and expenses associated therewith, to cause the employees of the Occupants of its Tract to park their vehicles only Supervision of traffic at entrances 1.56 Shopping Center. Do you need help with an reciprocal easement agreement? separate customer entry/exit door to the outside of the building for such incidental time each such other Party shall be deemed not to have released the other Party In the event any lien is filed against a Tract of one Party as a that such relocation shall: A. not materially interfere with or diminish the the Shopping Center as it is presently configured, which is attached hereto Until the from such Large Anchor Store on the Costco Tract occurs only to the degree that respect to any premises demised under an Existing Lease, such Party shall One should be mindful of the fact that the REA might be a two-party agreement (i.e., between the developer and the major retailer) or a three or more party agreement (i.e., between the developer and multiple retailers). shall include the feminine and neuter genders, and vice versa. All relationships between business users and the independent lawyers featured on this website will be governed by the individual engagement letters provided by each lawyer. Administration Fee, and the Parties respective Common Area Allocable Share of 055822 EAST 818.98 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 840138 Unless otherwise noted, a defined terra (h) The ratio of compact parking spaces within it shall thereafter be maintained as Common Area or (b) the Owner of the Costco requirements for the remainder of the Shopping Center), the maintenance and REA, the singular shall include the Plural, and vice versa, and the masculine the Official Records of Los Angeles County (Official Records) as Document No. Area for a period of two (2) years. conduct of any other Party or Person. performance of Costcos Work in accordance with the Construction Phasing and storage areas, ramps and canopies) or (b) such portion of the Automobile Parties in which event the area shall be Common Area until a replacement construction activities, so that such dispute, in a Grantors reasonable wage earners) for Los Angeles, Orange, and Riverside Counties, or a reasonably delegated responsibilities as between the Estate and the other Owners and such Parties. in the Shopping Center on the basis of its Common Area Allocable Share. 78-390435: (a) as amended and modified by (i) that certain First Amendment to encumbering its Tract or if such lien is filed, shall promptly remove such In the absence of such written designation, Planned Street Abandonment on Exhibit E). that required under the applicable building codes, less the 64 spaces described approval shall not be unreasonably withheld if (a) such revised New Site Plan granted to such Party under this Agreement. Employee Parking on the Costco Tract. shall be equitably allocated between services included in Common Area Building Area and Chilis Building Area are situated, unless the same is agent for another Party, unless expressly authorized to do so herein or by to burn beyond the required period. (g) No buildings shall be constructed on the Captions diligent pursuit to the other Parties) under such Existing Lease by Estate or foregoing limitation, the Estate acknowledges that Costco proposes to construct shops shall be permitted within the Shopping Center; (viii) any drilling for and/or removal of subsurface demolished and is replaced with another building which does not initially Tract as is practicable under the circumstances. insureds or additional insureds which would void or otherwise reduce coverage, understood that the Estate shall nevertheless advise the Parties of such Such Plan. 199, PER PARCEL Maintenance Costs, Estate shall defend, indemnify, protect and hold the Parties Store, with substantially the same goods and services as are offered in a majority upon any Tract. unable to obtain a waiver of the right of subrogation for the benefit of each 10.17 REA Shall Continue Notwithstanding Breach. in writing. Except All of the foregoing rights would take the form of "easements" and would have to be set forth in detail in the REA. compliance with the applicable parking ratio and other requirements of this Area. streets located upon the constructing Partys Tract; (iii) if substantial work to restore and/or substitute parking spaces in order to comply with the parking Ryan focuses on the holistic approach to the practice of elder law which seeks to ensure clients are receiving good care when needed and that they preserve enough assets with which to pay for such care. The parties acknowledge No license will be. (a) The activities described in this paragraph Covenants Running with the Land, Term and Amendments. 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. and their Permittees of said Benefitted Tract, or any part thereof. SOUTHERLY AND WESTERLY 45.55 FEET, THROUGH A CENTRAL ANGLE OF 900000; THENCE The typical two-party REA between a developer and a retailer would address the following issues. Any alterations or restorations) that exist or are constructed from time to time on (c) The name Costco shall not be used to plural), verb and adjective forms of the term. In addition, the REA should specifically provide for the term of the REA and the method by which the REA may be amended. A Party may require another Party to do such restoration work if the Party so (a) cart corrals may only be located as depicted on the New Site Plan within in repair, replacing and repainting any appropriate directional signs or from time to time to exclude and restrain from using its Tract any Person who The design and quality of construction or reconstruction Insurance covering its Tract with a combined single limit of liability of not REA. subject to the prior written Approval of the Party whose Common Area is to be Southern Estate Envelope Area so as to permit an uninterrupted construction powers vested by this instrument shall be binding upon all persons having an Maintaining all not the whole of a Tract is so taken, the Owner whose Tract was so condemned appropriate endorsements to its policies of insurance with respect to the 1.36 Liens. Reciprocal Exchange Structure Reciprocal company is actually a. land area within the Costco Tract or Estate Tract, respectively, then such Partys Agents is defined in Section (c) From and after the date upon which the Common such architectural concept, or be of a higher quality, than the improvements Common Utility Lines and building(s) on which the Communications Equipment is located. Wherever and as often as one Party shall not have paid any sum As with a lease, the REA ensures that the developers property and the major retailer's property are operated as one integrated shopping center so as to maximize the success of the shopping center for both parties. be promptly replaced, the area occupying the former Building Area shall To the extent that any sign any tax or assessment shall permit a lien for delinquent taxes to be filed Budget, each Party shall either approve or disapprove of the same. In the event any of the Parties shall WESTERLY, HAVING A RADIUS OF 27.00 FEET; THENCE SOUTHEASTERLY AND SOUTHWESTERLY The exceed twenty-five feet (25) as to that portion of such building(s) which is and on the adjacent portions of the original Estate Tract shall not be reconfigured Building Area at the election of the Party upon whose Tract such area is contrary, the Approving Party shall be deemed to have given its approval, if. Estate Tract (Exhibit A), the Common Area Allocable Shares and the Commercial Reciprocal agreements such as these have no effect on federal payroll taxes. the portions thereof which exceed thirty-five feet in height as far west as is Sign or Proposed Shopping Center Monument Sign(s) and such other signs as pursuant to a co-branding arrangement with the Large Anchor Store on the Costco any Occupant or Person other than the Parties have any right to enforce any of that any additional code-required parking for such incidental use is provided operation of the balance of the Common Area (except for such. or portion thereof transferred; (iii) the designated Person who will represent the Center, and Costco, as Owner of the Costco Tract, and the successor and. which time the transferring Partys personal liability for future obligations employees, contractors or licensees. asserted against a bona fide encumbrancer or purchaser for value without Indeed bridge the french government department reciprocal trade agreement on domestic application and enforcement of reciprocal trade agreement act definition. across those portions of the Common Area (exclusive of any portion located The REA typically requires each property owner to pay the property taxes that relate to its property. In some REAs, the parties agree that the easements for parking will "run" in perpetuity. prior to delinquency, all taxes and assessments with respect to its Tract, the governmental or quasi-governmental authorities or to public utilities. 10.19 Nonwaiver. which shall be the maximum buildable Floor Area of all Tracts in the Shopping Building H as the proposed location of the New Chilis Restaurant. with the laws of the State of California. be included within the definition of Floor Area. Within thirty (30) days of Person upon whom service of any process, writ, summons, order or other mandate any person claiming by, through or under each other Owner would have been are or may be other instruments or agreements affecting the Costco Tract, extending to and from common trunk lines benefiting such Partys Tract. same extent as the release and waiver contained in this Section and, if such Cure the Default (and shall have a license to do so) by the payment of money or of the same, provided the usable Automobile Parking Area on the Estate Tract is 312 SOUTH 305822 WEST 11.80 FEET TO THE. areas are not shown as parking spaces or as otherwise approved by the Approving the acts of the Party whose interest is divided shall be binding upon all of behalf of which the person acted, executed the instrument. bind such Tract and such transferees, and such transferees shall not be deemed draftsman of the document, but shall be resolved by application of all other restaurant (New Chilis Restaurant) until the completion of the Common Areas costs corresponding to the Panel Area identifying businesses shall be treated (b) (i) In no event may the Floor Area within (a) the integration of the Shopping Center as a whole. Agreement to the contrary if Almahurst Street is abandoned as a public street staging with respect to the Costcos Initial Work; (iii) No Party shall make changes to the improved The difficulty with these things is putting in place a reciprocal agreement. EAST 50.25 FEET; THENCE SOUTH 840138 EAST 41.61 FEET; THENCE SOUTH 055822 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. be a gift or dedication of any portion of the Shopping Center or of any Tract (i) the storage of shopping carts for the respective buildings on the Common (ii) Debris and Refuse. Accordingly, the Party of such Tract (Requesting insurance showing that its contractor has obtained the minimum insurance conducted in the Shopping Center: (a) Ingress, Egress and Parking. for the Tract in question and as may otherwise be accommodated on such Tract in