Laserfiche WebLink
<br />reasonable attorneys' fees, that may arise or be asserted in <br />connection with the construction by Har-Mar of the <br />improvements in accordance with the Plans, except that ADE and <br />Conoco shall not be responsible to indemnify Har-Mar for such <br />amounts incurred as a result of the negligence or intentional <br />misconduct of Har-Mar. Har-Mar shall cause the construction <br />of the new access road to be completed in accordance with the <br />Plans as soon as reasonably possible, and in any event within <br />three months following the date of this Agreement, subject to <br />unavoidable delays, or such later date as may be agreed upon <br />in writing by the parties hereto. Subject to full payment by <br />ADE and Conoco of their respective shares, upon such <br />completion Har-Mar shall deliver to ADE and Conoco evidence <br />that all costs and expenses associated therewith have been <br />paid in full. <br /> <br />40 Maintenance of Common Access Areas. Upon completion <br />of the access road on the Har-Mar Parcel as provided in Paragraph <br />3 hereof, each party to this Agreement shall be responsible for, <br />shall maintain and shall pay all of the costs and expenses <br />associated wi th all of the access areas and improvements, including <br />landscaping and other amenities within its own parcel and shall <br />maintain said areas in good and clean order, operation, condition <br />and repair in conformity with the standard as required by the City <br />of Roseville, except thatADE and Conoco shall each reimburse Har- <br />Mar, on a quarterly basis, for twenty-five percent (25%) of Har- <br />Mar's reasonable costs and expenses for maintaining, operating, <br />repairing, rebuilding and restoring the Common Access Areas located <br />on the Har-Mar Parcel for the immediately preceding calendar <br />quarter (that is, 25% from ADE and 25% from Conoco). Har-Mar shall <br />provide ADE and Conoco with a written invoice in reasonable detail <br />describing such costs and expenses. In addition, ADE and Conoco <br />shall each reimburse Har-Mar, on May 10 and October 10 of each <br />year, twenty-five percent (25%) of the real estate taxes paid by <br />Har-Mar on the Common Access Areas located on the Har-Mar Parcel <br />(that is, 25% from ADE and 25% from Conoco). Har-Mar shall provide <br />ADE and Conoco with a written invoice in reasonable detail <br />describing the calculation of the amount of such real estate taxes. <br />Wi thout limiting the generality of the foregoing, each of the <br />parties shall observe the following standards: <br /> <br />(a) Maintain the surface of all access areas level, <br />smooth and evenly covered with surfacing material reasonably <br />acceptable to the parties hereto and resurface and restripe, <br />if appropriate, the driveway areas at such time and in such <br />manner as reasonably acceptable to the parties hereto, so that <br />the same shall be maintained in a first-class condition. <br /> <br />(b) Remove all papers, debris, refuse, snow and ice from <br />all access areas and thoroughly sweep paved areas as often as <br />is reasonably necessary. <br /> <br />244170 <br /> <br />4 <br />