COM 0452.005 1996-1998 - Laserfiche WebLink

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yr ..:nom a"uw:l• ~[K IxE AL LV CORT fD•e0• '99276 PACE 0/9 le) r2oticca. for purposes of this paragraph 3, noeices shall be dec2ocd as given on the day when they have been personally delivpzed to thv .dares:ee or when deposited in the United States rost alfice, postage pze-paid, addressed to the Lot holder or user at the address shown on the document of title for the property for whose benefit the Roadway is being used. Additional Access And tlae. (a) An set Forth in the Warranty Deed to which this Roadway Use and Management Agreement is attached, the Grantor, as Crantor, has reserved the right to grant additional access and use rights to properties other than those constituting Loes 4-B. 5-s, 6-8 and 7-8 of the "1Caawaloa Orchards Subdivision." The Crantor further reserves the tight to make additional improvements to the Roadway upon notice to the Lot holders. The Crantor has reserved these tights subject to his obligation to obtain an agreament lcom such additional users to pay a pro rata shase of the costs and fees Lor maintenance and operation of the Roadway as described in this Roadway Ilse And Maintenance Agreement and the terms and provisions of this Paragraph 9. Ib) In the event the Grantor shall grant additional access and use ovtr and across the easements described in Exhibit "2" attached to the Declaration to which this Agreement is attached and specifically identified as "A-Z", the Following terms and conditions shall apply: (1) The Lot Holders shall have no obligation to pay any costs or expenses with respect to the construction of any additional improvements made to the Roadway nor shall the Lot holders be obligated to pey any costs or expenses with respect to the improvements const[ucted upon the easements identified as "A-5". (2) The Lot owners shall, however, remain obligated to bear choir share o! the coats of the maintenance and repair of the Rondway as provided in Paragraph 3 above, including any additional improvements Wade to the Roadway incident, to the additional access and use granted by the Gtanto[. {c1 In the event the Crantor shall receive any monetary or other consideration for the granting of such right, the Grantor reserves the right to receive and retain such compensatior, v+ithcut abiigei:ion or liability eo pay over to any Lot holder in the Kaawalaa Orchards Subdivision or any other user of the Roadway, 5. Indemnity And bold Harmless Agreement. Lzcept as may be otherwise provided in a apeciFfc written agreement, each 90-d 09£S 886 SOS '~~I 'S'd'S Zb=£i L6-80-L^C'