HomeMy WebLinkAboutEasement APPLICANT 8/6/2008
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FustAM #719t-978t62 CGF I!ugene,OR 97440
RETURN RECORDED DOCUMENT TO
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Walgreen Co Real Estate Law Dept
104 Wilmot Road, MS #1420
Deerfield, illinOIS 60015
Altn Charles Kaufman
Store #10612
I
DIvision of ChIef Depuly Cle~k
Lane Counly Deeds and Reco~ds
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2008.0~280D
$131,00
ThiS Instrument Prepared by
Knstlne IIda
104 Wilmot Road
Deerfie/d, illinOIS 60015
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01014417200w0'4~806'210213
07/24/2008 03:40:16 PM
RPR-REST Cnl=2 Sln=15 CASHIER 02
$5 DO $105,00 $10 00 $11 00
DECLARATION OF RECIPROCAL EASEMENTS,
COVENANTS. CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF RECIPROCAL EASEMENTS, COVENANTS, CONDITIONS AND
(tg~ICTIONS (this "Declaration") IS made and entered Into as of thiS .1Jl,l... day of
I ?nnl., by SKYVIEW, LLC, a Utah limited liability company, and SOUTH PLAZA II,
LL , an 'Oregon limited liability company (hereinafter, JOintly and seyerally, referred to as the
"Declarant")
RECITALS
A Declarant IS the owner of certain real property situated In the City of Spnngfield,
County of Lane, State of Oregon, compnsed of the follOWing two (2) parcels (the "Property")
(I) that certain parcel Identified as a subdlYISIOn of "Lot 3300", and legally
descnbed on Exhibit A attached hereto and Incorporated herein by thiS
reference (hereinafter sometimes referred to as "Parcel A"), and
(II) that certain parcel Identified as a subd,YISIOn of Lot 3300, and legally
descnbed on said Exhibit A (hereinafter sometimes referred to as "Parcel
S")
B Declarant Intends to deyelop Parcel B for use by Walgreen (as hereinafter defined)
C The Parcel A Owner Intends to Simultaneously or thereafter develop or allow or
cause the development of Parcel A
D Declarant deSires to Impose certain easements upon the Parcels, and to establish
certain coyenants, condllions and restnctlons With respect to said Parcels, for the mutual and
reciprocal benefit and complement of Parcel A and Parcel B, and the present and future owners and
occupants thereof, on the terms and condlbons hereinafter set forth
NOW, THEREFORE, In conSideration of the above premises and of the covenants herein
contained, Declarant hereby declares, covenants and agrees that the Parcels and all present and
future owners and occupants of the Parcels shall be and hereby are subject to the terms, covenants,
Elasements, restnctlons and conditions hereinafter set forth In thiS Declaration, so that said Parcels
shall be maintained, kept, sold and used In full compliance With and subject to thiS Declaration and,
In connection therewith, Declarant on behalf of Itself and ItS successors and assigns, declares as
follows
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AGREEMENTS
1 Definitions For purposes hereof
(a) The term "Owner" or "Owners" shall mean the Parcel A Owner (as to Parcel A), and
the Parcel B Owner (as to Parcel B), and any and all successors or assigns of such
persons as the owner or owners of fee Simple title to all or any portion of the real
property covered hereby, whether by sale, assignment, Inhentance, operation of law,
trustee's sale, foreclosure, or otherwise, but not including the holder of any lien or
encumbrance on such real property
(b) The term "Parcel" or "Parcels" shall mean each separately Idennfied parcel of real
property now constituting a part of the real property subjected to this Declaration as
descnbed on Exhibit A, that IS, Parcel A and Parcel B, and any future subdiVISions
thereof
(c) The term "Permittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the
respective employees, agents, contractors, customers, Invltees and licensees of (I)
the Owner of such Parcel, and/or (II) such tenant(s) or occupant(s)
(d) The term 'Common Area" shall mean those portions of Parcel A and Parcel B that
are outSide of extenor walls of bUildings or other structures from lime to time located
on the Parcels, and which are either unimproved, or are Improyed as (without
limitation) parking areas, landscaped areas, dnyeways, roadways, walkways, light
standards, curbing, paving, entrances, eXits and other Similar extenor site
Improyements
(e) The term "Walgreen" or "Walgreens" shall mean Walgreen Co, an illinOIS
corporation (or any of Its affiliates, Subsldlanes, successors or assigns) Walgreen
shall be deemed a third party benefiCiary to thiS Declaration
(I) The term "Walgreen lease" or "Walgreens lease" shall mean that lease of Parcel B
from the Parcel B Owner, as landlord, to Walgreen, as tenant, and any amendments,
extensions or replacements thereof
(g) The term "Site Plan" shall mean that site plan of the Parcels attached hereto as
Exhibit B and by reference made a part hereof Except as may be otherwise
proVided In thiS Declaralion, the Site Plan IS for Identification purposes only
(h) The term "Dnveway", Singularly, and "Dnveways", collecliyely and severally, shall
mean each and all the dnveways and related dnyeway ImproYements, paVing,
curbing, entrances and eXits, In the locanon on Parcel B as shown on the Site Plan
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2 Easements
2 1 Grant of Reclorocal Easements Subject to any express conditions, limitations
or reservations contained herein, Declarant hereby declares, grants and establishes that the
Parcels, and all Owners and Permittees of the Parcels, shall be benefited and burdened by the
following nonexclusive, perpetual and reciprocal easements which are hereby Imposed upon the
Parcels and all present and future Owner's and Permittees of the Parcels
(a) An easement for reasonable access, Ingress and egress oyer all Dnveways
as presently or hereafter constructed and constituting a part of Parcel B, so as to proVide for
the passage of motor vehicles and pedestnans between Parcel A, and to and from all
abutting streets or nghts of way fumlshlng access to Parcel B,
(b) An easement upon, under, over, aboye and across the Common Areas of the
Parcels for the discharge, drainage, use, detention and retention of storm water runoff In the
manner and In the location indicated on the Site Plan, and to Install, maintain, repair and
replace storm water collection, retention, detention and dlstnbutlon lines, condUits, pipes and
other apparatus under and across those portions of the Common Areas indicated on the Site
Plan The storm water detention areas, If any, Indicated on the Site Plan, and all lines,
condUits, pipes and other apparatus for water drainage, and all storage systems necessary
In connection thereWith, shall be hereinafter called the .Water Detentron and Drainage
FaCilities" The easement granted herein shall Include the nght of reasonable Ingress and
egress With respect to the Water Detention and Drainage Facllitres as may be reqUired to
maintain and operate the same The Water Detenllon and Drainage FaCilities reqUired for
Parcel B shall Initially be constructed by the Declarant In accordance With the Site Plan and
pursuant to Plans approyed by Walgreen under the Walgreen Lease, as a part of the Initial
development of the Walgreens Improvements on Parcel B under the Walgreen Lease Once
constructed by the Declarant (I) the Water Detention and Drainage Facllilies reqUired for
Parcel B shall not be modified, altered, relocated or otherwise changed, wrthout the pnor
written consent of all Owners and Walgreen (dunng the continuance of the Walgreen
Lease), and, (II) each Owner shall operate and maintain, or cause to be operated and
maintained, In good order, condllion and repair, the Water Detention and Drainage FaCilities
located upon Its Parcel and make any and all repairs and replacements that may from lime
to time be reqUired With respect thereto,
(c) An easement under and across those parts of the Common Areas that are
not Within any permiSSible bUilding areas shown on the Site Plan, for the installation,
maintenance, repair and replacement of water marns, storm drainS, sewers, water spnnkler
system lines, telephone or electrical condUits or systems, cable, gas mains and other utility
faCilities necessary for the orderly development and operation of the Common Areas and
each building from time to time located Within the Parcels, prOVided that (I) the nghts granted
pursuant to such easements shall at all times be exercised In such a manner as not to
Interfere materially With the normal operation of a Parcel and the bUSinesses conducted
therein, (II) the exact location of any ulllitles shall be subject to the approyal of the Owner(s)
of the burdened Parcel(s), such approyal not to be unreasonably Withheld, delayed or
conditioned, and (III) except In an emergency, the right of any Owner to enter upon the
Parcel of another Owner for the exercise of any right pursuant to such easements shall be
conditioned upon proYldlng reasonable pnor adyance wntten notice to the other Owner (and,
as to any entry upon Parcel B dunng the continuance of the Walgreen Lease, Walgreen) as
to the time and manner of entry All such systems, structures, mainS, sewers, condUits, lines
and other public utilities shall be Installed and maintained below the ground leyel or surface
of the Parcel (except for such parts thereof that cannot and are not Intended to be placed
D
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below the surface, such as transformers and control panels, which shall be placed In such
location as approyed by the Owner of the affected Parcel and Walgreen, such approval not
to be unreasonably wrthheld, delayed or conditioned Once the Initial construction of Parcel
B shall be completed by the Owner of Parcel B pursuant to the Walgreen Lease, thereafter
no additional ublity easements affecting Parcel B shall be Installed Without Walgreen's
consent (dunng the continuance of the Walgreen Lease), which consent Walgreen shall not
unreasonably Withhold, delay or condition, and
(d) An easement for the parking of vehicles In the parking areas designated as
part of the Common Areas of the Parcels, as such parking areas are Indicated on the Site
Plan and as the same may be modified or remoyed from time to time by the Owner of the
Parcel upon which the parking areas are located(the "Parking Easement")
(e) An easement upon Parcel B In the area shown on the Site Plan for the
construction, reconstrucbon, replacement, operalion, maintenance and repair of a sign
structure, such sign to be two Sided 100 square feet per Side (for an aggregate of 200
square feet total In size (such sign herein referred to as the "Parcel B Sign') The easement
granted herein shall be over, under, upon and across that portion of Parcel B Identified on
the Site Plan, and shall Include the nght of reasonable access oyer, under, upon and across
Parcel B to Install, replace. maintain, repair and operate the Parcel B Sign and a utility line,
pursuant to the terms and conditions set forth In paragraph 2 1(c) aboye, In order to proVIde
such Parcel B Sign and all panels thereon With power to illuminate the same Once the
Parcel B sign IS constructed, the Parcel B Owner shall thereafter maintain, operate,
Illuminate and repair such Parcel B Sign and utility line The cntena for the Parcel B Sign
and all sign panels to be Installed on the Parcel B Sign are set forth In Exhibit C Seventy-
fiye percent (75%) of the area of the Parcel B Sign shall be for the use of Walgreen dunng
the continuance of the Walgreen Lease (or for the use of such other persons or entitles as
Walgreen, dunng the continuance of the Walgreen Lease, shall permit) and, after the
expiration or termination of the Walgreen Lease, for the exclUSive use of the Owner and/or
Permittees of Parcel B as the Owner of Parcel B shall determine The balance of the panel
area of the Parcel B Sign shall be for the use of those Permittees of Parcel A as approved
by the Parcel A Owner for such purpose
(f) An easement upon Parcel A In the area shown on the Site Plan for the
construction, reconstruction, replacement, operalion, maintenance and repair of a sign
structure to be two Sided and 100 square feet per Side, 200 square feet total In size (such
sign herein referred to as the "Parcel A Sign') The easement granted herein shall be oyer,
under, upon and across that portion of Parcel A Identified on the Site Plan, and shall Include
the nght of reasonable access oyer, under, upon and across Parcel A to Install, replace,
maintain, repair and operate the Parcel A Sign and a ublity line, pursuant to the terms and
condllions set forth In paragraph 2 1 (c) aboye. In order to prOVide such Parcel A Sign and all
panels thereon With power to Illuminate the same Once Ihe Parcel A Sign IS constructed,
the Parcel A Owner shall thereafter maintain, operate, Illuminate and repair such Parcel A
Sign and utility line Twenty-fiye percent (25%) of the area of the Parcel A Sign shall be for
Ihe use of Walgreen dunng the conlinuance of the Walgreen Lease (or for the use of such
other persons or entities as Waljreen, dunng the continuance of the Walgreens Lease, shall
permit) and, after the eXpiration or termination of the Walgreen Lease, for the excluslye use
of the Owner and/or Permittees of Parcel B as the Owner of Parcel B shall determine The
balance of the panel area of the Parcel A Sign shall be for the use of those Permittees of
Parcel A as approyed by the Parcel A Owner for such purpose
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2 2 Indemnlficallon Each Owner having nghts with respect to an easement granted
hereunder shall Indemnify and hold the Owner whose Parcells subject to the easement (Including
Walgreen, In the case of the Owner of Parcel B) harmless from and against all claims, liabilities and
expenses (Including reasonable attorneys' fees) relating 10 accidents, InJunes, loss, or damage of or
to any person or property anslng from the negligent, Intenlional or Willful acts or omiSSions of such
Owner, Its contractors, employees, agents, or others acting on behalf of such Owner
2 3 Access Ooenlno The openings and access pOints contemplated between the
Parcels for use of the Dnyeways, are shown on the Site Plan, and such openings and access pOints
between the Parcels for use of the Dnveways, as contemplated pursuant to paragraph 2 1 (a) above,
are hereinafter called the "Access Openings" The Access Openings shall In no event be blocked,
closed, altered or changed to any matenal extent or remoyed, and shall at all times remain In place
as shown on the Site Plan, provided, howeyer, an Owner of any Parcel on which a Dnyeway IS
located shall haye the nght to temporanly block or close such Dnveway from time to time In cases of
emergency or as reasonably necessary to maintain, repair or resurface such Dnyeway, or as may
be reqUIred for the construction, repair or maintenance of any of the lines and faCIlities descnbed In
paragraph 2 1 (c) hereof There shall be maintained between the Access Openings a smooth and
level grade transition to allow the use of the Dnyeways for pedestnan and vehicular Ingress and
egress as set forth In paragraph 2 1 aboye Except With respect to the Access Openings, each
Owner shall be permitted to maintain a fence, curbing, landscaping Dr other Improyements along the
boundary line of ItS Parcel
2 4 Reasonable Use of Easements
(a) The easements herein aboye granted shall be used and enjoyed by each
Owner and ItS Permittees In such a manner so as not to unreasonably Interfere With,
obstruct or delay the conduct and operaliOns of the business of any other Owner or ItS
Permittees at any time conducted on Its Parcel, including, Without limitation, public access to
and from said bUSiness, and the receipt or dellyery of merchandise In connection therewith
(b) Once the Water Detention and Drainage FaCIlities are Installed pursuant to
the easements granted In paragraph 2 1 (b) hereof, and/or utility lines, systems and
equipment are Installed pursuant to the easements granted In paragraph 2 1(c) hereof, no
permanent bUilding, structures, trees or other Improyements inconsistent With the use and
enjoyment of such easements (excluding Improvements typically found In common areas of
shopping centers) shall be placed oyer or permitted to encroach upon such water detention,
drainage and ullllty installations The Owner of the Parcel served by such installations shall
not unreasonably Withhold Its consenl to the reasonable relocation of such Installallons
requested by the Owner of a Parcel where such installations are located, at such requesting
Owner's sole cost and expense, so long as water detention and drainage services or utility
services, as applicable, to the other Owner's Parcel are not unreasonably Interrupted and
the remaining proYISlons of thiS paragraph 2 4 are compiled With
(c) Once commenced, any construction undertaken In reliance upon an
easement granted herein shall be diligently prosecuted to completion, so as to minimiZe any
Interference With the bUSiness of any other Owner and Its Permittees Except In cases of
emergency, the nght of any Owner to enter upon a Parcel of another Owner for the exercise
of any nght pursuant to the easements set forth, or to prosecute work on such Owner's own
Parcel If the same Interferes With utility or drainage easements or easements of Ingress,
egress or access to or In favor of another Owner's Parcel, shall be undertaken only In such a
manner so as to minimize any Interference With the business of the other Owner and ItS
Permittees In such case, no affirmative monetary obligation shall be Imposed upon the
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other Owner (and/or, dunng the continuance of the Walgreen Lease, Walgreen), and the
Owner undertaking such work shall With due diligence repair at ItS sole cost and expense
any and all damage caused by such work and restore the affected pornon of the Parcel upon
which such work IS performed to a condition which IS equal to or better than the condition
which eXisted pnor to the commencement of such work In addition, the Owner undertaking
such work shall pay all costs and expenses associated therewith and shall indemnify and
hold harmless the other Owner(s) and Its Permittees from all damages, losses, liens or
claims attnbutable to the performance of such work
3 Maintenance
3 1 General Until such time as Improvements are constructed on a Parcel, the Owner
thereof shall maintain the same In a clean and neat condition and shall take such measures as are
necessary to control grass, weeds, blOWing dust, dirt, litter or debns
3 2 BUlldlnos and Aoourtenances Thereto Each Owner covenants to keep and
maintain, at ItS sole cost and expense, the bUlldlng(s) located from time to lime on ItS respective
Parcel In good order, condition and repair Once constructed, In the event of any damage to or
destruction of a bUilding on any Parcel, the Owner of such Parcel shall, at Its sole cost and expense,
With due diligence either (a) repair, restore and rebUild such building to Its condrtlon pnor to such
damage or destruction (or With such changes as shall not conflict With thiS Declaration), or (b)
demolish and remove all portions of such damaged or destroyed bUilding then remaining, including
the debns resulting therefrom, and otherwise clean and restore the area affected by such casualty to
a leyel, graded condition Nothing contained In thiS subparagraph 3 2(b) shall be deemed to allow
an Owner to aVOid a more stnngent obligation for repair, restoration and rebUilding contained In a
lease or other wntten agreement between an Owner and such Owne~s Permittee Each Parcel
shall comply With applicable govemmental parking ratio reqUirements Without taking Into account the
parking proVided on the olher Owne~s Parcel, such that each Parcel shall be self suffiCient for
vehicular parking
3 3 Common Area Each Owner of a Parcel covenants at all times dunng the term
hereof to operate and maintain or cause to be operated and maintained at ItS expense all Common
Area located on ItS Parcel In good order, condition and repair FollOWing the construction of
Improyements thereon, maintenance of Common Area shall Include, wlthoul limitation, maintaining
and repalnng all Sidewalks and the surface of the parking and roadway areas, removing all papers,
debns and other refuse from and penodlcally sweeping all parking and road areas to the extent
necessary to maintain the same In a clean, safe and orderly condllion, maintaining appropnate
lighting fixtures for the parking areas and roadways, maintaining marking, directional signs, lines
and stnplng as needed, maintaining landscaping, maintaining slgnage In good condition and repair,
and performing any and all such other duties as are necessary to maintain such Common Area In a
clean, safe and orderly condition Except as otherwise expressly proVided In thiS Declaralion, once
constructed, In the event of any damage to or destruction of all or a portion of the Common Area on
any Parcel, the Owner of such Parcel shall, at ItS sole cost and expense, With due diligence repair,
restore and rebUild such Common Area to ItS condition pnor to such damage or destruction (or With
such changes as shall not conflict With thiS Dedaralion) Each Owner reserves the nghtto alter,
modify, reconfigure, relocate and/or remove the Common Areas or bUlldln~ areas on ItS Parcel,
subject to the follOWing conditions (I) the reCiprocal easemenls between the Parcels pursuant to
paragraph 2 1 (a) shall not be matenally Impaired, (II) the Dnveways and Ingress and egress thereto,
and to and from the Parcels and adjacent streets and roads, shall not be so altered, modified,
relocated, blocked and/or removed, except In cases of emergency or as reasonably necessary to
maintain, repair or resurface a Dnyeway, Without the express wntten consent of all Owners and
Walgreen (dunng the continuance of the Walgreen Lease) (which consent shall not be
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unreasonably withheld, delayed or conditioned, and (III) the same shall not Ylolate any of the
provIsions and easements granted In paragraph 2
4 Construction of Imcrovements Eyery bUilding (including ItS appurtenant Common Area
Improvements), now or In the future constructed on Parcel A, shall be constructed, operated and
maintained so that the same IS in compliance with all applicable govemmental requirements The
Drlyeways shall be constructed and completed by the Owner of Parcel B at the same lime as such
Owner deyelops Parcel B for Walgreen under the Walgreen Lease (in accordance With plans
approved by Walgreen under the Walgreen Lease)
5 RestrIctions
5 1 General Each Parcel shall be used for lawful purposes In conformance With all
restrictions Imposed by all applicable goyemmental laws, ordinances, codes, and regulations, and
no use or operation shall be made, conducted or permitted on or With respect to all or any portion of
a Parcel which IS Illegal In addition to the foregOing, throughout the term of thiS Declaration, It IS
expressly agreed that neither all nor any portion of any Parcel shall be used, directly or indirectly, for
purposes of a cocktatl lounge, bar, any other establishment that sells alcoholic beverages for
on-premises consumpllon (unless such cocktail lounge, bar or other establishment IS located In,
or IS operated In connecllon With, a restaurant), diSCO, bowling alley, pool hall, billiard parlor,
skating rink, roller rink, amusement arcade, a theater of any kind, children's play or party
faCility, adult book store, adult theatre, adult amusement facility, any faCility selling or displaYing
pornographic materials or haVing such displays (except as may be Incidental to a book, record
or Video store, provided such sale of pornographic matenals IS not the primary purpose of such
a faCility), second hand store, odd lot, closeout or liqUidation store (except a manufacturer's or
retailer's outlet store shall be permitted hereunder), auction house, flea market, educallonal or
training facility (including, Without limitatiOn, a beauty school, barber college, school or other
faCility catenng primarily to students or trainees rather than customers), gymnasium, sport or
health club or spa (except a day-spa, and a work-out faCility containing no more than 3,500
square feet, such as "Curves', shall be permitted on Parcel A), blood bank, massage parlor,
funeral home, the outdoor hOUSing or raising of animals, the sale, leaSing or storage of
automobiles, boats or other vehicles, any Industrial use (Including, Without limltallon, any
manufactUring, smelting, rendering, breWing, refining, chemical manufactUring or processing, or
other manufactUring uses), any mining or mineral exploration or development except by non-
surface means, a car wash, a camlval, amusement park or Circus, an assembly hall, off track
betting establishment, bingo hall, any use Inyolvlng the use, storage, disposal or handling of
hazardous materials or underground storage tanks, any use which may materially or adversely
affect the water and sewer services supplied to either Parcel, a church, temple, synagogue,
mosque, or other house of worship, or any faCility for the sale of paraphernalia for use With illiCit
drugs, office use (except that office use InCidental to a retail use and as permitted by Seclion
5 2(11) and any bank, a financial services, insurance, realtors and a title company office shall be
permitted under thiS Section 5 1, or any use which creates a nUisance Notwithstanding
anything contained In thiS Section 5 1, an Owner shall not be deemed to be In Violation of thiS
Section 5 1 If a viola lion of any of the prohibitions under thiS Secllon 5 1 IS a result of the use of
such Owner's Parcel, or any portion thereof, by a Ihlrd party tenant, sub-tenant or other
occupant Without such Owner's consent, and such Owner takes reasonable action to enjoin
such use
52 Additional Parcel Restnclions Throughout the term of the Walgreens Lease, It IS
expressly agreed that Parcel A shall not be used, directly or indirectly, for anyone or more of the
follOWing purposes (I) the operation of a drug store or a so-called prescription pharmacy or
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prescnptlon ordenng, processing or delivery facility, whether or not a pharmacist IS present at such
facility, or for any other purpose requlnng a qualified pharmacist or other person authonzed by law to
dispense medicinal drugs, directly or indirectly, for a fee or remuneration of any kind, (II) the
operation of a medical diagnostic lab and/or the prOVIsion of treatment (other than as part of a
medical, dental, phYSICian, surgical or chiropractic officers], which officers] shall not be
restncted by thiS subsection [II)), (III) the sale of so-called health and/or beauty aids and/or drug
sundries (not applicable to any sales to which no more than 200 square feet of floor or display
area are so devoted or which IS InCidental to the operation of barber shop or beauty or hair
salon, proYlded, however, In no event shall landlord permit or suffer the operation of a store
Similar In nature to Sally's Beauty Supply or GNC store), (IV) the operallon of a bUSiness In
which photofinlshlng services (Including, Without limitation, digital photographic processing or
prlnllng, or the sale of any other Imaging services, processes or goods) and/or photographic
film are offered for sale, (v) the operation of a bUSiness rn which greetrng cards or gift wrap are
offered for sale, and (VI) the operallon of a bUSiness rn which prepackaged food Items for off-
premises consumption are offered for sale (except that thiS clause (VI) shall not be applicable to
(x) any sales of such Items for which no more than 150 square feet of a tenant's or occupant's
floor or display area IS so devoted, and (y) the sale of such Items In connection With a
delicatessen or a "take-out" or '1ast food" restaurant (I e a restaurant Without table service)),
prOVided, however, that the operation of a convenience store, rncludlng a convenience store
located wlthrn, or associated With, a gas station shall not be permitted)
6 Insurance Each Owner shall procure and maintain general and/or comprehenSive public
liability and property damage rnsurance agarnst claims for personal Injury (Including contractual
liability ansrng under the rndemnlty contained In paragraph 22 aboye), death, or property damage
occurnng upon such Owne~s Parcel, With Single limit coverage of not less than an aggregate of Two
Million Dollars ($2,000,00000) including umbrella coverage, If any, and naming each other Owner
and Walgreen dunng the contrnuance of the Walgreen Lease (proVided the Owner obtaining such
Insurance has been supplied With the name of such other Owner In the eyent of a change thereof)
as additional Insureds Walgreen (whether as tenant under the Walgreen lease or In the event
Walgreen becomes an Owner of a Parcel) may elect to self Insure and/or carry Insurance reqUired
hereunder under master or blanket poliCies of Insurance Upon reasonable request by an Owner,
an Owner shall furnish or request Its tenant, as applicable, to fumlsh to the requestrng party,
certificates of Insurance or eYldence of self-Insurance, If applicable, or other reasonable eYldence
rndlcatlng that Insurance meetrng the reqUirements hereof has been obtained hand IS In full force
and effect
7 Taxes and Assessments Each Owner shall pay all taxes, assessments, or charges of any
type leVied or made by any govemmental body or agency With respect to Its Parcel
8 No Rlahts In Public, No 1m oiled Easements Nothing contained herein shall be construed
as creatrng any rights rn the general public or as dedicating for public use any portion of Parcel A or
Parcel B No easements, except those expressly set fotth rn paragraph 2, shall be Implied by thiS
Declaration, rn that regard, and Without Iimltrng the foregOing, no easements for parking, slgnage,
drainage or utilities are granted or Implied
9 Remeules and Enforcement
9 1 All Leaal and Eoullable Remedies Available In the event of a breach or threatened
breach by any Owner or ItS Permittees of any of the terms, coyenants, restnctlons or conditIOns
hereof, the other Owner(s) and Walgreen shall be enMed forthwllh to full and adequate relief by
Injunction and/or all such other available legal and eqUitable remedies from the consequences of
such breach, Includrng payment of any amounts due and/or speCific performance Walgreen shall
8
LP 10627674 \ 34118-66399
have the nght, but not the obligation, to enforce this Declaration on behalf of the Owner of Parcel B,
and/or to cure a breach or default hereunder by the Owner of Parcel B, which enforcement or cure
shall be accepted by the other Owner(s) as If effected by the Owner of Parcel B
92 Self-HelD In addluon to all other remedies ayallable at law or m eqUity, upon the
failure of a defaultmg Owner to cure a breach of this Declaration within thirty (30) days following
wntten notice Ihereof by an Owner or Walgreen (unless, wrth respect to any such breach the nature
of which cannot reasonably be cured wrthm such 3D-day period, the defaulting Owner commences
such cure wlthm such 3D-day penod and thereafter diligently prosecutes such cure to completion),
Walgreen or any Owner shall haye the nght to perform such obligation contamed m thiS Declaration
on behalf of such defaulling Owner and be reimbursed by such defaultmg Owner upon demand for
the reasonable costs thereof together with mterest at the pnme rate charged from time to time by
Bank of Amenca (ItS successors or assigns), plus two percent (2%) (not to exceed the maximum
rate of Interest allowed by law)
9 3 Lien Rlqhts Any claim for reimbursement, mcludmg Interest as aforesaid, and all
costs and expenses Includmg reasonable attomeys' fees awarded to any Owner (or to Walgreen In
connection With the exercise of Its nghts set forth In paragraphs 9 1 and/or 9 2 aboye) In enforcmg
any payment m any SUit or proceedmg under thiS Declaration shall be assessed agamst the
defaultmg Owner In favor of the prevallmg party and shall conslitute a hen (the "Assessment Lien")
agamst the Parcel of the defaultmg Owner until paid, effective upon the recording of a nolice of lien
With respect thereto In the Office of the County Recorder of Lane County, Oregon, proVided,
however, that any such Assessment Lien shall be subject and subordinate to (I) liens for taxes and
other public charges which by applicable law are expressly made supenor, (II) all liens recorded In
the Office of the County Recorder of Lane County, Oregon pnor to the date of recordation of said
notice of lien, and (III) all leases entered Into, whether or not recorded, pnor to the date of
recordalion of said nouce of lien All liens recorded subsequent to the recordation of the notice of
lien descnbed herein shall be JUnior and subordmate to the Assessment Lien Upon the timely
cunng by the defaultmg Owner of any default for which a notice of lien was recorded, the party
recording same shall record an appropnate release of such notice of lien and Assessment Lien
9 4 Remedies Cumulauve The remedies specified herem shall be cumulalive and m
addllion to all other remedies permitted at law or In eqUity
95 No Termmatlon For Breach Notwlthstandmg the foregomg to the contrary, no
breach hereunder shall entitle any Owner to cancel, rescmd, or otherwise terminate thiS Declaration
No breach hereunder shall defeat or render Invalid the lien of any mortgage or deed of trust upon
any Parcel made In good faith for value, but the easements, coyenants, conditions and restnctlons
hereof shall be bmdmg upon and effective agamst any Owner of such Parcel coyered hereby whose
title thereto IS acqUired by foreclosure, trustee's sale, or otherwise
96 Irreoarable Harm In the eyent of a Violation or threat thereof of any of the proVISions
of paragraphs 2 and/or 5 of thiS Declaration, each Owner agrees that such ylolatlon or threat thereof
shall cause the nondefaultmg Owner and/or rts Permittees to suffer Irreparable harm and such
nondefaultmg Owner and ItS Permittees shall haye no adequate remedy at law As a result, m the
e lent of a Violation or threat thereof of any of the prOVISions of paragraphs 2 and/or 5 of thiS
Declaration, the nondefaultmg Owner and Walgreen, In addition to all remedies available at law or
otherwise under thiS Declaralion, shall be entitled to InJunctlye or other eqUitable relief to enJoin a
Violation or threat thereof of paragraphs 2 and/or 5 of thiS Declaration
10 Tenn The easements, coyenants, conditions and restnctlons contained m thiS Declaration
shall be effective commencmg on the date of recordation of thiS Declaration In the office of the Lane
County Recorder, Oregon, and shall remam In full force and effect thereafter m perpeturty, unless
9
LP 10627674 \ 341J 8,66399
this Declaration IS modified, amended, canceled or terminated by the written consent of all then
record Owners of Parcel A and Parcel B In accordance with paragraph 11 2 hereof
11 Miscellaneous
11 1 Attomevs' Fees In the event a party (including Walgreen) Institutes any legal action
or proceedmg for the enforcement of any nght or obligallon herem contamed, the preyallmg party
after a final adjudication shall be entitled to recoyer ItS costs and reasonable attorneys' fees Incurred
In the preparation and prosecution of such action or proceeding
11 2 Amendment
(a) The parties agree that the prOVIsions of thiS Declaration may be modified or
amended, In whole or m part, or terminated, only by the wntten consent of all record Owners
of Parcel A and Parcel B, as eYldenced by a document that has been fully executed and
acknowledged by all such record Owners and recorded In the offiCial records of the County
Recorder of Lane County, Oregon
(b) Notwlthstandmg subparagraph 11 2(a) aboye to the contrary, no tenmnatlon
of thiS Declaration, and no modification or amendment of thiS Declaration shall be made nor
shall the same be effectlye unless the same has been expressly consented to In wntmg by
Walgreen (dUring the continuance of the Walgreen Lease)
11 3 Consents Wherever In thiS Declaration the consent or approyal of an Owner IS
reqUired, unless otherwise expressly proYlded herem, such consent or approval shall nol be
unreasonably Withheld or delayed Any request for consent or approyal shall (a) be m wntlng, (b)
specify the section hereof which reqUires that such notice be given or Ihat such consent or approval
be obtained, and (c) be accompanied by such background data as IS reasonably necessary to make
an mformed deCISion thereon The consent of an Owner or Walgreen under thiS Declaration, to be
effectlye, must be given, denied or conditioned expressly and m wntlng Dunng the contmuance of
the Walgreen Lease, any consent by the Owner of Parcel B, to be effectlye, shall also reqUire the
consent of Walgreen Any consent of Walgreen may be gIven, denied or conditioned by Walgreen
m Walgreen's sole and absolute discretion
11 4 No Waiver No waiver of any default of any obligation by any party hereto shall be
Implied from any omiSSion by the other party to take any acllon With respect to such default
11 5 No Aoenc'l Nothing In thiS Declaration shall be deemed or construed by either party
or by any third person to create the relationship of principal and agent or of limited or general
partners or of JOint venturers or of any other assoclallon between the parties
11 6 Other Pronertv The easements herein granted are also appurtenant to any land that
may hereafter come Into common ownership With a Parcel which IS contiguous to such Parcel An
area phYSically separated from a Parcel but havmg access thereto by means of the public ways or
pnvate easements shall be deemed to be contiguous to such Parcel
11 7 Senaratlon of a Parcel If a ParcellS heremafter diVided Into two (2) or more parts by
separation of ownership, each party oWning a part thereof shall enJoy the benefit of the easements
granted to such Parcel
11 8 Transfer of Ownershlo Wheneyer a transfer of ownership of a Parcel occurs, the
liability of the transferor for any breach of covenant occumng thereafter shall autnmallcally terminate
With respect to such transferor Any transferee shall automatically assume and be bound by the
10
LP 10627674 \ 34118,66399
burdens and obligations hereunder runnmg with the land to the owner of the Parcel or portion
thereof being transferred
11 9 Covenants to Run with '_"nd It IS Intended that each of the easements, covenants,
condllions, restrictions, rights and obligations set forth herem shall run with the land and create
eqUitable servitudes In fayor of the real property benefited thereby, shall bmd eyery person haVing
any fee, leasehold or other mterest therein and shall Inure to the benefit of the respectlye parties
and their successors, assigns, heirs, and personal representaliyes
11 10 Grantee's Acceotance The grantee of any Parcel or any portion thereof, by
acceptance of a deed conyeymg title thereto or the execution of a contract for the purchase thereof,
whether from an Original party or from a subsequent owner of such Parcel, shall accept such deed
or contract upon and subject to each and all of the easements, covenants, conditions, restrictions
and obligations contained herem By such acceptance, any such grantee shall for himself and hiS
successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and With
the other party, to keep, observe, comply With, and perform the obligations and agreements set forth
herem With respect to the property so acqUired by such grantee
11 11 Seoarabliltv Each provIsion of thiS DeclaratIOn and the application thereof to Parcel
A and Parcel B are hereby declared to be mdependent of and severable from the remamder of thiS
Declaration If any provIsion contained herein shall be held to be mvalid or to be unenforceable or
not to run With the land, such holding shall not affect the yalidlty or enforceability of the remamder of
thiS Declaration In the eyent the validity or enforceability of any provIsion of this Declaration IS held
to be dependent upon Ihe eXistence of a speCific legal descnptlon, the parties agree to promptly
cause such legal descnptlon to be prepared Ownership of both Parcels by the same person or
entity shall not term mate thiS Declaration nor In any manner affect or Impair the yalidlty or
enforceability of thiS Declaration
11 12 Interpretation The rule of strict construction does not apply to the grants herein
The grants herein shall be given a reasonable construction to carry out the mtentlon of the patties
hereto to confer a commerCially usable nght of enjoyment on each grantee
11 13 Termmatlon The grantee of the easement granted hereunder may termmate such
easement by recordmg a release thereof With the Office of the Recorder of Deeds of Lane County,
Oregon With directions for deliyery of the same to the grantor of such easement at ItS address given
pursuant hereto, whereupon, all nghts, duties and liabilities hereby created shall term mate as to
such easement except for liabilities mcurred hereunder pnor to such termmatlon
11 14 Time of Essence Time IS of the essence of thiS Declaration
11 15 Entire Aoreement ThiS Declaration contains the complete understandmg and
agreement of the parlies hereto With respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby
11 16 Notices Notices or other communication hereunder shall be m writing and shall be
sent certified or registered mall, return receipt requested, or by other national overnight courier
company, or personal deliyery Notice shall be deemed glyen upon receipt or refusal to accept
delivery Each party and Walgreen may change from time to lIme their respechve address for nohce
hereunder by like notice to the other party and Walgreen Notice given by any Owner hereunder to
be effectlye shall also Simultaneously be delivered to Walgreen (dUring the continuance of the
Walgreen Lease) The notice addresses of the Parcel A Owner, the Parcel B Owner and the, and
Walgreen are as follows
11
LP 10627674\34118-66399
I I
i
Waloreen
Walgreens
Attention Law Department
Mail Stop No 2252
200 Wilmot Road
Deerfield, IllinOIS 60015
Parcel A Owner
SkYVlew, LLC and
South Plaza II, LLC
515 W Pickett Circle, # 400
Salt Lake City, Utah 84115
Parcel B Owner
SkYVlew, LLC and
South Plaza II, LLC
515 W Pickett Circle, # 400
Salt Lake City, Utah 84115
11 17 Govemlna La", The laws of the State In which the Parcels are located shall goyern
the Interpretation, validity, performance, and enforcement of thiS Declaratron
11 18 E~tnn!,,,1 Gertlficates Each Owner, Within twenty (20) day of Its receipt of a wntten
request from the other Owner(s) or Walgreen, shall from time to tIme proVide the requesting Owner
or Walgreen, a certificate binding upon such Owner stating (a) to the best of such Owner's
knowledge, whether any party to this Declaration IS In default or Violation of thiS Declaration and If so
Identifying such default or vlolatron, and (b) that thiS Declaration IS In full force and effect and
Identifying any amendments to thiS Declaration as of the date of such certrficate
11 19 Banknmtcv In the event of any bankruptcy affecting any Owner or occupant of any
Parcel, Ihe parties agree that thiS Declaratron shall, to the maximum extent permitted by law, be
considered an agreement that runs With the land and that IS not rejectable, In whole or In part, by the
bankrupt person or entrty
IN WITNESS WHEREOF, the parties have executed thiS Declaratron as of the date first
wnllen aboye
DECLARANT
SKYVIEW, LLC, a Utah limited liability
company
B~~
Its J.(WlfJ f ~
and
SOUTH PLAZA II, LLC, an Oregon limited
~:bll~
Its~f
V
12
LP 10627674 \ 34118-66399
STATE OF UTAH
COUNTY OF 0i1t\- 1i1\4>J
)
)SS
)
I, the undersigned, a Notary PUblic In and for said County, In the State aforesaid, do hereby
certify that .t?V fA- ft/)'\ , the tJ\ti\Vlt1I\~ V of SKYVIEW, LLC, a Utah limited
liability company (the .Company"), personally kn~be the same person whose name IS
subscnbed to the foregOing Instrument, appeared before me this day In person and acknowledged
that he signed, sealed and dellyered the said Instrument, as hiS own and free and yoluntary act, and
as the free and voluntary act of the Company, for the uses and purposes therein set forth
Given under my hand and notanal seal this ~day of WlPl VoVl
NO~!jjV1;@Y
(I .,.,TRACI TAYlOR .
""l'::~i~~U:
~~~arcUlI4116
- Em. 01124120"
lP 10627674 \ 3411B-66399
My CommiSSion Expires
01-24-- II
STATE OF ~"otJ)
)ss
COUNTY OFlk _~,J )
I, the undersigned, a Notary Public In and for said County, In the State aforesaid, do hereby
certify that ~".~1\."7 ~ , the (>n, ~"\ of SOUTH PLAZA II, LLC, an
Oregon limited liability company (the "Company"), personally known to me to be the same person
whose name IS subscribed to the foregoing Instrument, appeared before me this day In person and
acknowledged that he signed, sealed and deliyered the Said Instrument, as his own and free and
yoluntary act, and as the free and voluntary act of the Company, for the uses and purposes therein
set forth
Given under my hand and notanal seal this '3h~day of r\A..~ 2--001
~ >rr.U"'M~L-
Notary Public
Ilir1iif,
~ ? ~ IO----.,J
~- LkJ
-----------
My Commission Expires q - '7. 06
-- ~.- --- - - - - I
. OFFICIAL SEAL '
~ J TRUMBLE
I NOTARY PUBUC-OREGON
COMMISSION NO 382849
I MY Cot.lMISSIO":~XPtRES SEPT 07, 20~6.1
LP 10627674\ 34118-66399
Exhibit A
Exhibit B
List of Exhibits
Legal Descriptions of Parcels A and B
Site Plan
LP 10627674\ 34118-66399
Legal Descnptlon
of
Overall Boundary
Assessor's Map 17-03-27-10, Tax Lot 3300
A parcel of land lYing In the northeast quarter of Section 27, Township 17 South,
Range 3 West of the Wlllamette Meridian, being more particularly described as
follows
Beginning at a pOint on the north margin of "Q" Street, said pOint bearing NORTH
30 00 feet from a pOint on the south line of the Jacob Halstead Donahon Land
Claim No 47 which bears South 89051'46" East 697 59 feet from the southwest
corner thereof, thence leaYlng said north margin of "Q" Street bearing NORTH
455 77 feet, thence parallel with said south line of the Jacob Halstead Donation
Land Claim No 47 South 89051'46" East 156 00 feet to a pOint on the west
margin of Pioneer Parkway West, said pOint being 80 00 feet from, when
measured at right angles to, the centerline of the Southern PacifiC Railroad Rlght-
of-Way as depicted on County Survey File 40183, on file In the Lane County
Surveyor's Office, thence along Said west margin of Pioneer Parkway West
South 14001'45" East 40915 feet, and South 35026'29" West 72 37 feet,
returning to said north margin of "Q" Street, thence along Said north margin of
"Q" Street North 89051'46" West 213 22 feet to the pOint of beginning, all In Lane
County, Oregon
EXHIBIT "U"
Legal Description
of the
Parcel "A" Property
A parcel of land lYing In the northeast quarter of Section 27, Township 17 South,
Range 3 West of the Wlllamette Meridian, being more particularly described as
follows
Beginning at a pOint on the north margin of "Q" Street, said pOint bearing NORTH
30 00 feet from a pOint on the south line of the Jacob Halstead Donation Land
Claim No 47 which bears South 89'51'46" East 697 59 feet from the southwest
corner thereof, thence leaYlng said north margin of "Q" Street bearing NORTH
259 82 feet to the True POint of Beginning, thence continuing NORTH 195 95
feet, thence parallel with said south line of the Jacob Halstead Donation Land
Claim No 47 South 89'51'46" East 156 00 feet to a pOint on the west margin of
Pioneer Parkway West, said pOint being 80 00 feet from, when measured at right
angles to, the centerline of the Southern PaCifiC Railroad Right-of-Way as
depicted on County Survey File 40183, on file In the Lane County Surveyor's
Office, thence along said west margin of Pioneer Parkway West South 14'01'45"
East 168 10 feet, thence leaYlng said west margin of Pioneer Parkway West
bearing South 75'58'45" West 13433 feet, thence North 89'57'13" West 66 42
feet to the True POint of Beginning, all In Lane County, Oregon
Containing 33,074 square feet, more or less
EXHIBIT "A'2"
Legal Description
of the
Parcel "B" Property
A parcel of land Iymg m the northeast quarter of Section 27, Township 17 South,
Range 3 West of the Wlllamette Meridian, being more particularly desCribed as
follows
Begmnmg at a pOint on the north margm of "Q" Street, said pomt bearing NORTH
30 00 feet from a pomt on the south line of the Jacob Halstead Donation Land
Claim No 47 which bears South 89'51 '46" East 697 59 feet from the southwest
corner thereof, thence leaving said north margin of "Q" Street bearing NORTH
25982 feet, thence South 89'57'13" East 66 42 feet, thence North 75058'45"
East 134 33 feet to a pOint on the west margin of Pioneer Parkway West, said
pOint being 80 00 feet from, when measured at right angles to, the centerline of
the Southern PaCifiC Railroad Right-of-Way as depicted on County Survey File
40183, on file In the Lane County Surveyor's Office, thence along said west
margin of Pioneer Parkway West South 14001'45" East 24105 feet, and South
35026'29" West 72 37 feet, returning to said north margin of "Q" Street, thence
along said north margin of "Q" Street North 89'51'46" West 213 22 feet to the
pOint of begmnlng, all m Lane County, Oregon
Containing 62,319 square feet, more or less
EXHIBIT B
SlvE'PLAN,
(ATtACHEDl,
LP 1062767 4 \ 34 J J 8-66399
III III
EXHIBIT "JJ_"
FOR
PARKWAY CENTER
JANUARY 29, 2008
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PREPARED BY
TOLBERT ASSOCIA TES. LLC
POBOX 70224
(83 CENTENNIAL LOOP, SUITE 1)
tUGENE, OREGON 97401
(541) 359-8426 FAX (541) 747-0177
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