HomeMy WebLinkAboutEx30_Draft Shared Parking Easement AgreementWhen recorded please return to:
West77 VP, LLC
Attn: Mike Nielson
3300 N Triumph Blvd, Suite 100
Lehi, Utah 84043
DRAFT
SHARED PARKING EASEMENT AGREEMENT
THIS SHARED PARKING EASEMENT AGREEMENT (the “Agreement”) is made and
entered into this __th day of ______________, 202__ by [WEST77 VP, LLC, a Utah limited
liability company] (“W77”), [WA RENTON PARK, LLC, a South Carolina limited liability
company] (“WA Renton Park”), and [TOPGOLF], a __________ (“TopGolf”). W77, WA
Renton Park, and TopGolf are at times referred to herein separately as a “Party” and collectively
as the “Parties.”
RECITALS:
A. W77 is the owner of certain real property located in Renton, Washington, which
property is more particularly described on Exhibit “A” attached hereto and made a part hereof
(the “W77 Parcel”).
B. WA Renton Park is the owner of certain real property located in Renton,
Washington, which property is more particularly described on Exhibit “B” attached hereto and
made a part hereof (the “WA Renton Park Parcel”).
C. TopGolf is the owner of certain real property located in Renton, Washington,
which property is more particularly described on Exhibit “C” attached hereto and made a part
hereof (the “TopGolf Parcel”).
D. The W77 Parcel, WA Renton Park Parcel, and TopGolf Parcel (each a “Parcel”,
and collectively, the “Parcels”) are all adjacent to and contiguous to each other’s parcels.
E. Each Parcel contains various parking areas consisting of or to consist of fully
improved parking stalls, drive aisles, curbing, and walkways, which parking stalls areas are more
particularly described on Exhibit “D” attached hereto and made a part hereof (the “Parking
Areas”).
F. The Parties, acknowledging cross-parking between each Party’s parcel is
inevitable, and with the intent to create a cohesive development, desire to enter into this
Agreement to allow each Party’s respective guests, tenants, staff, and invitees to have vehicular
and pedestrian access, use, and parking rights on, over, and across each of the other Party’s
parcels.
AGREEMENT:
2
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties hereby agree as follows:
1. Grant of Cross-Parking Easements. Each Party (“Granting Party”) hereby grants
and conveys to each of the other Parties (“Benefitting Parties”), a non-exclusive perpetual
parking easement over the Parking Areas located on the Granting Party’s parcel. The Benefitting
Parties’ parcels are the real property parcels that shall receive the non-exclusive beneficial effect
of the cross-parking easement granted by the Granting Party.
2. Use of Easement. The easements granted herein shall be limited in scope and
used by the Benefiting Parties, and their respective guests, patrons, customers, staff, employees,
and invitees for access to the Parking Areas located on the Granting Party’s parcel, and for
vehicle parking in all Parking Areas, and to have related ingress and egress (both vehicular and
pedestrian) as is reasonably required in order to utilize the Parking Areas for parking purposes.
3. Maintenance of the Parking Areas. Each respective Party shall provide, at such
Party’s sole cost, burden, and expense, all maintenance, repairs, ice/snow removal, and related
services to preserve and maintain the Parking Areas located on such Party’s respective Parcel,
including, without limitation, all paved areas, curbs, and landscaping, in a commercially
reasonable condition reasonably acceptable to the other Parties.
4. Benefit and Binding Effect. The easements conveyed herein shall be perpetual
and shall run with and bind the Parcels (over which the easements run) and shall benefit the
respective Benefiting Parties and the Benefiting Parties' Parcels, and all parties having or
acquiring any right, title, or interest in or to a Parcel, as applicable, shall take title to such Parcel
subject to this Agreement and the benefits and burdens of the easements and rights conveyed
herein. The easements granted herein are conveyed for the non-exclusive benefit of the
Benefiting Parties, as applicable, and their successors in interest. Conveyance of title to a Parcel
shall not affect the enforceability of this Agreement or the easements or rights granted herein
against any future owner of a Parcel.
5. Further Instruments. Each Party agrees that it will execute any and all other
documents or legal instruments that may be necessary or required to carry out and effectuate all
of the provisions hereof.
6. Paragraph Headings. The paragraph headings of this Agreement are inserted only
for convenience and in no way define, limit, or describe the scope or intent of this Agreement
nor affect its terms and provisions.
7. Governing Law. This Agreement, and all matters relating hereto, including any
matter or dispute arising out of the Agreement, shall be interpreted, governed, and enforced
according to the laws of the State of Washington, and the parties hereto consent to the
jurisdiction of any appropriate court in the State of Washington to resolve such disputes.
3
8. Severability. In the event that any provision of this Agreement, or any operation
contemplated hereunder, is found by a court of competent jurisdiction to be inconsistent with or
contrary to any law, ordinance, or regulation, the latter shall be deemed to control and this
Agreement shall be regarded as modified accordingly and, in any event, the remainder of this
Agreement shall continue in full force and effect.
9. Attorney Fees. If any party brings suit to enforce or interpret this Agreement or
for damages on account of the breach of any provision of this Agreement, the prevailing party
shall be entitled to recover from the other party its reasonable attorney fees and costs incurred in
any such action or in any appeal from such action, in addition to the other relief to which the
prevailing party is entitled.
10. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to
be a gift or dedication of all or any portion of the Parking Areas, for the general public or for any
public purpose.
11. Counterparts. This Agreement may be executed in separate counterparts with
each counterpart treated as an original, and all executed counterparts together (with original,
electronic, PDF, or facsimile original signatures each to be considered an original signature)
constituting the entire original executed Agreement.
IN WITNESS WHEREOF, each Party has executed this Agreement as of the day and
year first written above.
[SIGNATURE PAGES FOLLOW]
4
W77:
[WEST77 VP], LLC
A Utah Limited Liability Company
By__________________________________
Michael Nielson, Manager
STATE OF UTAH )
: ss.
County of Utah )
On the ___ day of _____________, 202_, personally appeared before me Michael
Nielson, the Manager of [WEST77 VP], LLC, a Utah limited liability company, and stated that
the said instrument was signed in behalf of said limited liability company by authority of its
operating agreement, and the aforesaid individual acknowledged to me that said limited liability
company executed the same.
___________________________________
NOTARY PUBLIC
5
WA RENTON PARK:
[WA RENTON PARK], LLC
A South Carolina Limited Liability Company
By__________________________________
__________________, Manager
STATE OF SOUTH CAROLINA )
: ss.
County of ______________ )
On the ___ day of _____________, 202_, personally appeared before me
____________________, the Manager of [WA RENTON PARK], LLC, a South Carolina
limited liability company, and stated that the said instrument was signed in behalf of said limited
liability company by authority of its operating agreement, and the aforesaid individual
acknowledged to me that said limited liability company executed the same.
___________________________________
NOTARY PUBLIC
6
TOPGOLF:
[TOPGOLF], LLC
A _________ Limited Liability Company
By__________________________________
________________, Manager
STATE OF __________ )
: ss.
County of ____________ )
On the ___ day of _____________, 202_, personally appeared before me
______________________, the Manager of [TOPGOLF], LLC, a ____________ limited
liability company, and stated that the said instrument was signed in behalf of said limited liability
company by authority of its operating agreement, and the aforesaid individual acknowledged to
me that said limited liability company executed the same.
___________________________________
NOTARY PUBLIC
7
EXHIBIT “A”
W77 PARCEL DESCRIPTION
8
EXHIBIT “B”
WA RENTON PARK PARCEL DESCRIPTION
9
EXHIBIT “C”
TOPGOLF PARCEL DESCRIPTION
10
EXHIBIT “D”
PARKING AREA DESCRIPTION