HomeMy WebLinkAbout1992-12-22 Dec. & Termination of Easements 11/30/93
ELM 14ILL REALTY TRUST
December,--, 1993
North Andover Mills Realty Limited Partnership
co Brickstone Properties
300 Rrickstone Square
Andover , Massachusetts 01810
Dear Sirs/Mesdames
Reference is hereby made to the Declaration and Termination
oi: Easements of even date herewith ( the "Restated Easement" ) by
and between North Andover Mills Realty Limited Partnership ( the
"Partnership" ) and Elm Mill Realty TrList ( the "Trust" ) . Terms
defined in the Restated Easement small have the sate meaning when
used herein .
in consideration of the execution of the Restated Easement ,
and other good and valuable consideration the rec pt and
sufficiency of which is hereby acknowledged, the, e rtnership and
the Trust agree as follows :
1 . Until termination oi: the original Roadway Easement
becomes effective in accordance with the terms and conditions of
the Restated Easement or the actual use on a regular basis of the
New Roadway Easement by the Trustees, whichever shall first occur ,
the Trustees , the occupants of the Trustees " property and their
guests and invitees shall continue to have the right to use the
access road ( the "32 ' driveway" ) that is currently being used
through the Partnership' s parking lot .
. So long as the Trustees are able to use the 3 ' driveway
or the New Roadway Easement for access to their property, the
Trustees shall not use the Original Roadway Easement for any
purpose .
3 . The Partnership shall, at its sole cost and expense,
move all contaminated stockpiled fill and debris on the
Partnership' s propertYe subject to and in compliance with all
applicable laws , ordinances and regulations so as not to interfere
with construction of the Improvements and use of the New Roadway
Easement .
4 . Attached hereto and marked "A" and "B" are sketches of
the plans attached to the Restated Easement as Exhibits A and A-1
respectively on which are marked the approximate boundary of the
Improvements to be rude for the respective right-of-way
configurations .
This letter agreement is executed subsequent to the Restated
Easement and, notwithstanding anything to the contrary in
paragraph 17 . thereof , shad be binding upon the Partnership, the
Trustees , and their respective successors and assigns .
ELM MILE REALTY TRUST
B :
J n of , rustee of Elm
M ' 11 Reaity+ Trust and not
in a v i d uiil l y f,
Ernest A. �raiia, II ;
Trustee of Elm Mill Realty
Trust and not individually
Acre-ed and Consented to:
FORTH ANDOVER MILLS REALTY,
a Massachusetts Limited
Partnership,
By : Tuna- orth Andover , Inc.
Geet-a Partner
:s
By : C11F Associates, General Partner
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