pf_02368 - Laserfiche WebLink

Home

(d) Repainting the striping, markers, directional signs and other items as may be necessary fram time to time to maintain the access areas in a first-class condition. (e) Maintain and replace landscaping as necessary to keep in a first-class condition. 5. Chanae of Access Areas. Daly and Conoco hereby represent and warrant to Har-Mar that so long as this Agreement shall remain in full force and effect, neither Daly or Conoco shall, without the express written consent of Har-Mar, make any material changes to the ingress and egress to the Daly Parcel or the Conoco Parcel fram adjacent streets. Har-Mar reserves the right to configure and reconfigure the parking areas and access drives to be located on the Har-Mar Parcel, the ingress and egress between said parking areas and adjacent streets, the ingress and egress between said parking areas and the Common Access Areas and any signage or striping within the Har-Mar Parcel, without the prior written consent of Daly or Conoco, Drovided that Daly and Conoco shall continue to have ingress and egress over the Common Access Areas located on the Har-Mar Parcel. 6. Notices. Any notice, demand, request, consent, approval, designation or other communication which any party hereto is required or desires to give or make or communication to any other party shall be in writing and shall be given or made or communicated by the United states registered or certified mail and addressed in the case of Har-Mar to: Har-Mar, Incorporated, Suite 500, 1600 University Avenue, st. Paul, MN 55104, and addressed in the case of Daly to: Robert E. Daly, Suite 203, 1875 Plaza Drive, Eagan, MN 55122, and in the case of Conoco to: Conoco Inc., 268 Commerce Circle South, Fridley, MN 55432, or such other address for which notice is given in accordance herewith. 7. Succsssors. This Agreement shall, except as otherwise expressly provided herein, be binding upon and inure to the benefit of the successors and assigns of the respective parties to this Agreement. The benefits and burdens of this Agreement shall run with the land, including the Har-Mar Parcel, the Daly Parcel and the Conoco Parcel. This Agreement shall be recorded prior to any mortgage affecting the Daly Parcel. 8. Mortaaaee Conssnts. The parties hereto agree to obtain and provide the written consents and subordinations of their respective mortgagees consenting to the creation of the easements herein set forth and their agreement that their mortgage liens shall be subordinate and junior to the rights created in this Agreement. 216916 5