Title/Name/Summary
Reciprocal Easement Agreement - 8801 143rd Street
History
The property at 8801 143rd Street is the former home of the Riviera Country Club. The Country Club is currently vacant. There is a restaurant and banquet hall in operation at the property. The entire property is approximately 8.6 acres. The Village has negotiated the purchase price of a portion of this property. Approximately 5 acres on the east side of the site will be purchased by the Village. This separates the property into two parcels. One will contain only the banquet hall and the other will have the restaurant and former country club.
Given that the property is now being split between two owners, a reciprocal easement agreement (REA) is necessary to ensure each party maintains access to the property. The parties, 8801 W. 143rd Holdings, LLC and the Village of Orland Park, desire to provide for the reciprocal use for ingress and egress of that portion of the property south off of West 143rd Street and designated on Exhibit C as “Ingress and Egress herby granted.” This is noted on the preliminary plat attached, for reference.
Each party hereby grants to the other Party the portion of the Easement Area on its Parcel for the benefit of the other Party’s Parcel for:
Ingress to and egress from the other’s Parcel; and
Ingress and egress to and from 143rd Street; and
Circulation and passage of vehicles; and
Circulation, passage and accommodation of pedestrians.
Easements shall commence on the effective date of the Agreement.
The REA provides for shared maintenance responsibilities of the Easement Area. However, the parties may decide between themselves as to a shared maintenance responsibility for the Easement Area.
If any Party fails to perform or cause to be performed any of its duties or obligations under the REA, the other Party may at any time give a written notice to the Failing Party setting forth specific failure to comply with this REA. If those failures are not complied within 30 days after receipt of the notice, the Curing Party, shall have the right to correct such failures, including the right to enter the Failing Party’s Parcel to correct such failures, at the cost of the Failing Party. The Failing Party shall pay any amounts expended by the Curing Party, with interest.
Finally, the REA requires that each Party shall carry policies of all-risk property and general liability insurance for the Easement Area on the effective date of the REA.
Recommended Action/Motion
I move to approve the Reciprocal Easement Agreement with 8801 W. 143rd Holdings LLC.