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<br /> agree, and will be identified at the conclusion of construction and the issuance by the
<br /> Agency of the Certificate of Completion as referenced in Section 517 of the DDA by the
<br /> recordation of a Notice of Final Location, in a form acceptable to the parties hereto,
<br /> which will set forth the final location of the Access Points by depiction on a map or plat.
<br /> b. Support Easement. Exclusive perpetual easements for the right of
<br /> continual structural support from Parcel B and the Public Parking Facility adequate to
<br /> sustain loads required for the Retail Cinema, as certified by the Building Department of
<br /> the City in connection with the Building Department's review and approval of the
<br /> construction plans for the Public Parking Facility and the Retail Cinema, together with
<br /> the right to attach, connect, use, repair and maintain support facilities in conjunction with
<br /> the use and operation of the Retail Cinema, and the right to erect, maintain, repair,
<br /> replace and renew such support facilities, including the right of access and ingress to and
<br /> egress from the Public Parking Facility for vehicles and personnel for such purposes.
<br /> Without limiting the generality of the foregoing, the easements for structural support
<br /> granted to the Developer herein shall include the right to join and obtain load bearing
<br /> support from the Public Parking Facility, the right to use the rooftop slabs of the Public
<br /> Parking Facility as a structural floor for portions of the Retail Cinema and the right to
<br /> strengthen or reconstruct such rooftop slabs or any portion of thereof at the Developer's
<br /> sole expense, subject to all City reviews and permits required at the time, in the event that
<br /> the Developer erects new structures or makes modifications to existing structures
<br /> requiring greater load bearing support than is to be borne by the Public Parking Facility
<br /> as originally designed for the Retail Cinema (collectively, the "Support Easement").
<br /> c. Utility Easement. Non-exclusive perpetual easement necessary for
<br /> the installation, use, maintenance, repair, removal, replacement and enlargement of any
<br /> reasonably necessary utility and service lines, electric wiring and pipes, gas lines, water
<br /> lines, sanitary or storm water drainage systems, telephone or other communications,
<br /> security systems, grease traps and/or trash enclosures and pickup, and any other utility
<br /> necessary or appropriate to service the Retail Cinema, together with all necessary
<br /> appurtenances and equipment, including, but not limited to, meters, terminal boxes,
<br /> safety equipment, pipes, conduit and circuits on, over, under, across and through Parcel B
<br /> and into the public right of way underlying Jefferson Avenue adjacent to Parcel B, as
<br /> designed by the Developer and approved by the City (collectively, the "Developer Utility
<br /> Easement"). The Developer Utility Easement shall include the right to install and
<br /> maintain necessary equipment, in the locations approved by the design and permitting
<br /> process, relating to escalators and/or elevators. The Developer shall design, install, use,
<br /> repair, maintain, locate, modify or enlarge the utility equipment in such a way that will
<br /> not materially interfere with the City's use and operation of the Public Parking Facility as
<br /> a public parking garage. The City shall have the right to reasonably require the Developer
<br /> to relocate such utilities as installed by the Developer provided that service of such
<br /> utilities is not unreasonably interrupted. Such relocation shall be at the City's sole cost
<br /> and expense if the reason for the relocation is the redesign or modification of the Public
<br /> Parking Facility. Such relocation shall be at the Developer's sole cost and expense if the
<br /> reason for the relocation is that it is determined that the existing location of any utility
<br /> equipment or device is interfering with the efficient operation for the Public Parking
<br /> REDW\0002\007-6. DOC
<br /> 6116\04 400 law
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