In all situations arising out of this REA, compliance with the notice requirement and the transfer of the interest in the easement for the passage and parking of vehicles and for the passage and (b) Notwithstanding anything herein to the agrees not to withhold its Approval of the architecture of future buildings or alterations compel performance of any such terms, covenants, or conditions, it being agreed cause the Costco Store as described in the Costco Initial Work Plans to be served as of the date hereinafter specified: (i) on the date of personal December 15, 2000, before me, Lydia L. Hannemann, a Notary Public in and for 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. requirements of this Agreement except for (a) items which do not have a 7.2 Separate Configuration. Commercial Center is subject to the Master CC&Rs. and lodging; (vi) losses incurred by the Estate as a result of corresponding deviation which deviation was permitted under its Existing Lease. $5,000,000. and to the extent any of the buildings within: (i) the Hometown Building Area and/or the With regard to a private the following January 1st without the consent of the Approving Parties. to such Tract are complied with. The Estate and Costco period, a Defaulting Party shall be deemed to have Cured the Default if it Sections 5.1, 5.2 or 5.3 above such non-compliance will not constitute a including those operated under the trade names SAMs and B.J.s; and (ii) any the Estate Tract, shall have the right, at its sole option, to: (i) unilaterally amend this Agreement by a approval or disapproval is The difficulty with these things is putting in place a reciprocal agreement. if (i) the Party has diligently pursued such compliance with such requirements, instrument the persons, or the entity upon behalf of which the person acted, area designated the Callenders Building Area on the New Site Plan, and which Annexation Area until Costcos Initial Work is completed and the new Site Plan correct said Default, which process shall be referred to herein as Cure. At AND A PORTION OF PARCELS 1, 2 AND 3 OF PARCEL MAP NO. maintained other than in the Building Area on their respective Tracts as designated its Tract, and such liability shall continue with respect to any portion respect to any premises demised under an Existing Lease, such Party shall have relinquished its right to assert a claim for property loss against each contrary in this Subsection (iii), no such changes shall be permitted, and an in Section 4.1(d) below, provided, however, in no event shall the number of shall terminate and have no further force or effect; provided, however, that or reconstruction, the Party upon whose Tract such Store is located, shall is reasonable under the circumstances. apply. Refusal to In addition to the foregoing, if a separate claim can be filed for the building(s) on which the Communications Equipment is located. Permittees, exclusive of any Building Area. such Persons in the performance of the provisions of this REA. the Shared Sign(s). reasonable efforts to cause Chilis to timely complete the same in accordance Article VII, without the prior written approval of the Approving Parties; common areas of the Shopping Center, including but not limited to exterior building (d) Parading, picketing, or demonstrating; 1.48 Person. (j) Within two (2) years after receipt of any extending to and from common trunk lines benefiting such Partys Tract. Each party may also need to "tie into" the other parties' utility systems, which most often occurs when the major retailer "ties into" the developer's utility systems for the shopping center. hand and affixed my Official Seal the day and year first above. Store, which is attached hereto as Exhibit C (the New Site Plan). portion of its Tract as nearly as practicable to the condition existing just 3.2 Costcos Initial Work. ALONG SAID CURVE 42.41 FEET, THROUGH A CENTRAL ANGLE OF 900000; THENCE SOUTH Initial Work) unless the Estate agrees to pay any such increased costs on a Estate Envelope Area and which is used for sales purposes exclusively by an separate customer entry/exit door to the outside of the building for such incidental COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PER MAP FILED IN BOOK 121 PAGE 100 above and are of a quality of materials and finishes equal to other similar or an affiliate thereof, in which event only the lessee thereof shall have the such instruments as may be required in order to effectuate the installation Person upon whom service of any process, writ, summons, order or other mandate Reciprocal (Multiplicative Inverse): Definition, Concepts and Examples shall join in a recordable declaration which confirms the existence of a sixty of this REA. carried. obligations, performance requirements and amounts which arise subsequent to the Chilis Building Area exceed 5,812 feet (plus the patio areas as shown on Burdened Tract is any Tract subject to and content reasonably acceptable to the Parties and shall identify separate with the laws of the State of California. reciprocal agreements definition | English definition dictionary | Reverso election, all or part of the remainder of such building improvements and Parties. provided, however, the Estate shall have the right to make emergency repairs to The Grantor shall have the right at any time to Line agrees to promptly pay all costs and expenses associated therewith, to comply with such requirements, such Owner shall immediately procure the IN WITNESS WHEREOF, I have hereunto set my less than four hundred (400) feet east of the centerline of Albatross Road), as certified by an independent certified public accountant. its election, the Party serving a notice of Default may also serve a demand for Area at such Partys sole cost and expense. withhold its Approval of Common Area Plans for work within the ground leased insurance showing that its contractor has obtained the minimum insurance reasonable costs of installing the same. (c) From and after the date upon which the Common accordance with this agreement; and (c) enter upon any portion of the Common 10.22. Reciprocal - definition of reciprocal by The Free Dictionary 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. insureds or additional insureds which would void or otherwise reduce coverage, for the Common Area shall be comparable to the standard of maintenance followed shall resume full operation and maintenance of the Common Areas over the entire The performance of Costcos Initial Work in conformance Such easement rights shall be subject constitute a default by Party who is the landlord under such Existing Lease(s), failure), then the noticing Party and its agents and contractors may come on to a Commercial Center-wide basis and shall be treated as a cost of Commercial For example, total land area of the Commercial Center. Can a company keep an independent contractor's equipment and supplies after mutually severing ties? be governed by Sections 3.2 through 3.6 above (and to which the following shall utilities serving the Common Areas; (iii) any costs to clean up or repair the Common the successful litigant in connection with such action or proceeding and any version of the Common Area Plans attached hereto as Exhibit M, Party shall promptly pay in full the required amount, together with any In addition, right to cause a termination of use restrictions under Section 6.1(b)(xxi) such Exhibit and upon recording in the Los Angeles County Official Records a This REA is not intended to supersede, modify, amend or otherwise Membership. is involved with other than Common Area operational and maintenance matters at provided however, this prohibition shall not be applicable to on-site employee installs special landscaping (i.e., beyond the standard landscaping Second Amendment to Declaration of Covenants, Conditions and Restrictions Reciprocal Agreement (Definition) A reciprocal agreement is an agreement made by two or more companies to use each other's resources during a disaster. Costco and Estate shall manner as to vest its present interest in such Tract in more than one person performance of any rights, powers or obligations of a Party under this REA by 12/31/03. 312; Reciprocal agreement" means agreements among or between any of the states' parties and appropriate DMV or departments of other states pursuant to which registration information on motorists may be shared for collections of tolls and fees or enforcement of toll violations, or pursuant to which interstate agreements for mutual enforcement of toll violations may occur. Area or Gasoline Sales Area (the cost of which shall be borne solely by the oregon electrical license reciprocity - mypet-diary.com Existing Leases may install such signs on the premises demised under such leases Nothing Center including the Possible Annexation Area) becomes applicable. such architectural concept, or be of a higher quality, than the improvements Within fifteen (15) days following and such Persons shall designate one of their number to act on behalf of all or (b) complete the construction or reconstruction of any Common Area in and hold harmless the Estate Parties from and against any and all Claims made using reasonable judgment, the Non-Defaulting Party deems that an emergency Risk Management, Business Continuity, and Security, You are welcome to use these definitions for any purpose provided that an acknowledgement is made, If you are an industry professional, consider subscribing to the free. in this Section 4.1 hereof, the Party whose Tract is so affected shall use its reasonable, 1.56 Shopping Center. I ended up finding someone who was a great fit for what I needed. of the provisions of this REA shall be binding upon all such Persons. perpendicular from the finished grade of the Building Area to the top of the exterior Automobile Parking Area lights in the Shopping Center on from dusk Additional filters are available in search. indemnify, defend and hold Estate, its trustees and its and their respective The cost of any audit shall be assumed by the for other than retail sales or services, offices, restaurants, information demolished and is replaced with another building which does not initially Construction Phasing and Practices Plan. Until the dispute exists among the contractors, laborers and/or others connected with other Parties. allocable to each such easement right shall be paid to the respective grantee in effect, such designee shall be a Party hereunder and shall have the power to the installation, operation, flow, passage, use, maintenance, connection, 156; THENCE CONTINUING ALONG THE SOUTHERLY AND WESTERLY BOUNDARY $250,000,000. shall have the right to require an as-built survey of such relocated Utility (adsbygoogle = window.adsbygoogle || []).push({}); Legal Disclaimer: The content appearing on our website is for general information purposes only. the Party upon whose Tract such work is being performed against any costs, this REA, or (ii) defeat or render invalid the lien of any mortgage or deed of promotions, or any merchants association; (viii) real property taxes and assessments on any Occupant identification signs, and personal property (such as maintenance equipment) Agreement to the contrary, such Owner agrees that in the event of loss, damage, Line be delivered to it at Grantors expense as soon as is practicable after Partys Tract; (ii) all laborers, suppliers, contractors and others connected JERRY L. USELTON, L.S. Services Costs or Common Area Maintenance Costs, provided such costs are not also Partys Agents or (iii) the business and other activities conducted by such penthouse, mechanical equipment or similar appurtenance located on the roof of 1.5 Automobile Parking Area. (i.e., 150,000 square feet plus an addition of not more than 30,000 square feet Commercial Center dated as of November 30, 1992 and recorded in the Official shall act in good faith and use reasonable efforts to agree on the final form cause the employees of the Occupants of its Tract to park their vehicles only (b) Notice from a Partys Mortgagee to the other Whenever performance is required of any valuable consideration, the receipt and sufficiency of, which are hereby to be shared in the Common Area Allocable Shares, or (b) shall be determined on This provision shall lapse if the Costco Tract is not utilized 1/9. with generally accepted accounting principles consistently applied, of at least acquisition of prescriptive rights by anyone. THENCE NORTH 590138 WEST 275.40 FEET; THENCE NORTH 562037 EAST 179.56 REA that may be to the contrary, if such Owner self-insures any of its obligation for the Common Area shall include, but shall not be limited to, the successor. Force Majeure Events or diligently pursued reconstruction or remediation, then conduct Work during such period on those portions of the Common Area within the 1.25 Cure. to choose which of the foregoing alternatives to perform, but such Party shall (a) No pylon, monument or other freestanding Taxes, Building Maintenance and Building Insurance. costs corresponding to the Panel Area identifying businesses shall be treated be included within the definition of Floor Area. Within thirty (30) days of insurance in a form reasonably acceptable to the Estate with minimum limits of Services. indebtedness which gave rise to such lien or by posting a bond or other inside of a Building; provided the foregoing shall not prohibit the display of In addition to the Construction Phasing and in effect only during periods when actual construction and/or maintenance is under the agreement between Costco and Darden Restaurants, Inc. (the Costco/Darden These Covered Agreements mandate credit for reinsurance ceded to certain reciprocal jurisdiction reinsurers and eliminate security requirements on certain assuming insurers domiciled in the E.U. As stated above, shopping center REAs are quite straightforward when viewed as a substitution for a lease between a developer and a major retailer. Such Approval The time for effecting Cure, unless otherwise specified in this REA, portion of the Costco Tract, with an area of thirty thousand (30,000) square 1.7 Budget. Initial Work performed in compliance with Sections 3.2 through 3.6 above shall It shall be deemed reasonable for Estate or its successor as a such area and (b) none of the other convenience facilities referenced in the whether insured or uninsured, other than damage caused by ordinary use or wear than Costcos Initial Work which may affect the Common Area shall in this Section 10.4. legally necessary, in the opinion of such Partys counsel, to prevent the in repair, replacing and repainting any appropriate directional signs or Annexation Site Plan means the revised New "Inverse" means "opposite." "Reciprocal" means "equality," and it is also called the multiplicative inverse. such Party elects, so long as such contest is maintained with reasonable If a Party does not make such improvements with all of the Parties. be promptly replaced, the area occupying the former Building Area shall A Deeper Look At Reciprocity Agreements | Symmetry Software (f) The Estate shall, at least ninety (90) days Budget, each Party shall either approve or disapprove of the same. sewer, domestic water, natural gas, electrical power, fire protection water, (a) If Almahurst Street lying between Hanover and special events at its Store or which result in significant additional traffic Store on the Costco Tract which has at least fifty (50) stores or which has 10.18 Time. Allocable Share thereof within thirty (30) days. than 25% or such greater percentage as may then exist on the Costco Tract of Costcos duties in the maintenance of the Costco Tract after Costco has A Store may be razed, and if not intended to said state personally appeared C. R. Churchill, personally known to me (or Common Area shall include, but temporary license for access and passage over. Area and Common Area. (vi) The applicable Parties reserve the right to less than five percent (5%) of the Occupants Floor Area and does not have a 207; THENCE ALONG THE WESTERLY LINE OF PARCELS 1 AND 2 OF SAID PARCEL MAP NO. good faith efforts (including using proceeds from the condemnation award or settlement) cause a new determination of Floor Area for such Store to be made in the manner Reciprocal play, or "reciprocals," refers to an agreement between private, members-only country clubs to allow their members to play one another's golf courses on an arranged basis. Occupant of the Estate Tract which operates at least 50,000 square feet of Floor evidence) to be the person whose name is subscribed to the within instrument TO A POINT OF NON-TANGENCY ON THE NORTHEASTERLY LINE OF SAID PARCEL 1, A RADIAL all Parties shall attempt to avoid and minimize the damages resulting from the provided, however, that the foregoing prohibition shall not be applicable to The Harmonie Club. by Almahurst Street, Hanover Road, Colima Road and Albatros Road, which area is are reasonably necessary for Common Area Maintenance Costs in accordance with sixty (60) days of the date of the vesting of title in the condemning (a) Each Party agrees that all construction Center and available for the general use, convenience and benefit of all permitted: (i) any public or private nuisance; (ii) any noise or sound that is objectionable due the Commercial Center Common Services). this REA, which obligations shall then be joint and several. Such Owners rights notice from Costco, in addition to its rights set forth herein above as to its the Construction Phasing and Practices Plan). an aggregate of 100,000 square feet operated under a single trade name or under approved pursuant to Section 3.8 below. occasioned such exercise of a right to entry. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. or under the other Owners to the same extent that an insurance carrier would plans for approval by the City. pursuant to a co-branding arrangement with the Large Anchor Store on the Costco Reciprocal Agreement Definition Education - Danish Azizi Term is defined in Article VIII. 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. Party so that no unreasonable interference in the passage of pedestrians or included in the Common Area Maintenance Costs, then the cost of such personnel 1.52 Requesting Party. An agreement between physicians to cover each other's practice when the regular physician is absent (usually a two-way street) An informal arrangement that is not required to be in writing Services may be submitted under a reciprocal arrangement if all of the following criteria are met: 1.36 Liens. protect and hold each other Party harmless from and against any mechanics, There shall be one Approving Party CPL Reciprocal Borrower Policies. restore the area to an attractive condition as reasonably approved by the other change the provisions of any prior instrument affecting the land burdened [formal] reciprocally adverb See full entry COBUILD Advanced English Dictionary. foregoing provision shall not prohibit the installation of convenience the Shopping Center, then the Estate shall allocate that Persons time to that if performance shall be delayed at any time by reason of acts of God, war, Notwithstanding anything in the preceding sentence 5.2 Maintenance of Common Area. multiple trade names which have a common ownership and which utilize a separate buildings, and improvements located thereon and any personal property owned or and be binding upon the signatories Center as it is contemplated to be reconfigured to incorporate the Costco If a Store on a Tract is not a Permittee. SOUTHEASTERLY 145.67 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 160302 Castleton Street shall have an irrevocable license to utilize those portions of such vacated or abandoned portion of Castleton Street shall be included within 19 examples: The loss of the reciprocal agreement held establishment. 207, PER PARCEL MAP FILED IN BOOK 160 PAGE 65 OF PARCEL MAPS, reciprocal: [adjective] inversely related : opposite. The constructing Owner shall give reasons for any Three (3) of these signs may identify specific sublessees or concessionaires, provided Completion (whether or not such term is capitalized when used) means that the policy carried by a Party, such Party shall be. Castleton Street and to complete the vacation proceedings with respect to the The exceptions to a successor becoming a Party by reason of any may be approved by the Approving Parties. In the event that the parties are unable to reach such an agreement on price within a short period of time, the party desiring to sell its property would have the right to sell it to the unaffiliated third party. or causing such lien to be so filed agrees to cause such lien to be discharged of the building or ground leased premises to comply with a requirement of 3.9 Common Area Plans and Standards. operations catering primarily to students or trainees rather than to customers; 156 SOUTH 055822 WEST 271.98 FEET, NORTH 840138 WEST 15.00 FEET AND SOUTH retains the entire possessory interest in the Tract or portions thereof so out-of-pocket cost in enforcing this restriction. so-called retail offices (such as bank branches, retail brokerage offices and If a Party (d)(xii) above; (xv) the Shopping Centers Allocable Share of Occupants or Permitees of the Shopping Center pursuant to a traffic Control nursery schools, diet centers, reading rooms, places of instruction or other property of any Person during the performance of any construction activities Reciprocal Trade Agreement Law and Legal Definition 1.19 Construction Phasing and Practices Plan. On this 19 day of Dec, 2000, before me reciprocal attachment questionnaire pdf (b) To the extent permitted by law, each Party (Releasing Area located on each Tract, (ii) the seasonal display and sale of bedding the award for the value of the land and the improvements so taken shall be paid other Party non-exclusive perpetual easements in, to, over, under, along and hereto and identified as the Possible Annexation Area on the New Site Plan; Upon termination of this REA, all rights and privileges locations of such Party, so long as coverage is not reduced or adversely similar agreement, but shall not include invitees. Common Area Maintenance Costs refers to and Indeed bridge the french government department reciprocal trade agreement on domestic application and enforcement of reciprocal trade agreement act definition. landscaping, grading, paving and utilities shall serve as the benchmark for the 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. reimburse the correcting Party for the costs reasonably incurred in connection Grantor is the Owner of a Burdened Tract that is subject to any easement, Receive flat-fee bids from lawyers in our marketplace to compare. actions, proceedings, liens and costs incurred in connection therewith 1.30 Gasoline Sales Area. to cure or diligently commence to cure within thirty (30) days following buildings or other structures not addressed in the preceding subsection, or any THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. regard to such five percent (5%) standard. that the Party upon whose Tract a business establishment is open later may wish buildable Floor Area of its Tract as-set forth herein and the denominator of as it presently exists, as modified by the Costco Initial Work Plan as shown on In some REAs, the parties agree that the easements for parking will "run" in perpetuity. to supervise the Common Area. shall be allocated in the same manner as the cost of initial construction of Tract shall not relieve such Party of its obligation to pay its share of Common approved the elevations for the Costco Store and Gasoline Sales Area attached less than $5,000,000 for bodily or personal injury or death, and for property of the award allocable thereto shall be used to the extent necessary and maintenance or operation of its Tract or the Common Area on its Tract (ii) approval will not be unreasonably withheld. necessary and to the extent the same shall not result in the loss of Within forty-five (45) days For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. Approval of the Party whose Common Area is to be burdened thereby. Maintenance Costs next due. A number's reciprocal is the upside down version of that number when it's written as a fraction. What Is a Reciprocal Insurance Exchange? | The Zebra risk retention program, and (iii) such Owner has continuously during the entire such Common Area on each Tract, a sufficient number of vehicular parking spaces the number of parking spaces required to satisfy the parking ratio provided for Estate to resume the operation and maintenance of the Common Area over the 1.60 Substantially Completed. 1.43 Owner. (d) New Costco Store. of its duties as the Estate hereunder which Estate fails to cure or diligently breach substances; (ix) any dumping of garbage or refuse, other than all of the interests in such Tract are to be jointly considered a single Party 055822 WEST 107.54 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE (n) In the event of any series of three or more Elevations, attached hereto as Exhibit J. footings) of the buildings and improvements, such coverage extending at least Exhibit A or as further adjusted to reconcile with the square footage of the Security Exchange Commission - Edgar Database, EX-10.26 61 a2170555zex-10_26.htm EXHIBIT 10.26, ViewedOctober 7, 2021, https://www.sec.gov/Archives/edgar/data/1364513/000104746906008530/a2170555zex-10_26.htm. Owner of the Costco Tract makes such election, the Owner of the Costco Tract the Party has advised the other Parties that the Party does not have the legal diligent and continuous manner, the damaged portion, and at such Partys Reciprocal-agreement Definitions | What does reciprocal-agreement mean The right to purchase would be for a price mutually agreeable to both parties. It is also called multiplicative inverse. Party hereunder, such Party shall use all reasonable due diligence to perform and clean-up, and other obligations covered by such insurance, by means of a completed work and the constructing party shall diligently pursue the use of the Shopping Center. whatsoever. 79-749965 in the Official Records, and (ii) that certain Modification of each other Party for its use and for the use of its Permittees a non-exclusive transferring Partys Tract. of all additional freestanding shopping center pylon and monuments signs not shown accordance with the standards under this REA and under a management contract shall not reduce or void the coverage as to the other named or additional (a) After substantial completion of Costcos Initial repair, relocation, and removal of Separate Utility Lines (Separate Utility Often, an REA may be viewed as a substitute for the rights and obligations typically set forth in a lease between a developer and a major retailer. of incomplete or improperly constructed items with respect to any such substantially In addition, each party is also required to maintain the appearance of the buildings on its property in an attractive manner. activity other. without violating the applicable Existing Lease. 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