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. �� �-D� t <br /> Facility. The installation, use, operation, maintenance, repair, replacement, relocation and <br /> removal of all such utilities shall be at the Developer's sole cost and expense except as <br /> provided in the previous sentences and except as and to the extent that such utilities <br /> service the Public Parking Facility. It is agreed that the Developer Utility Easement <br /> includes the right to reinstall or relocate utilities over time as the reasonable use of the <br /> Retail Cinema requires, provided that such reinstallation or relocation does not <br /> unreasonably interfere with the operation of the Public Parking Facility. <br /> d. Construction and Repair Easement. Non-exclusive perpetual <br /> easement on, over and through any portion of Parcel B as is reasonably necessary for <br /> workers, materials and equipment for the purposes of construction of the Retail Cinema <br /> or any repair, restoration, alteration, expansion or maintenance work with respect to the <br /> Retail Cinema, provided that the Developer shall provide reasonable advance notice of <br /> such activities except in case of emergency where such advance notice is not practicable, <br /> and further provided that any permits legally required for the subject work have been <br /> obtained by the Developer (the "Developer Repair Easement"). <br /> Section 3. City Easements. Subject to the terms of this Agreement, the <br /> Developer grants to the City, for the benefit of and appurtenant to Pazcel B, the following <br /> easements: <br /> a. Vehiculaz Easement. A non-exclusive perpetual easement over <br /> Parcel A for the purposes of vehicular access to the Public Parking Facility over the <br /> portion of Parcel A identified in the drawing attached hereto as Exhibit "B" and <br /> incorporated herein by this reference (the "Vehicular Access EasemenY'). The Developer <br /> shall not construct or erect, or permit any third party to construct or erect, any fence, <br /> barrier or other impediment to the free flow of vehicular traffic across the Vehicular <br /> Access Easement. <br /> b. Pedestrian Public Parkin� Facilitv Access Easement. Non- <br /> exclusive perpetual easement for pedestrian access and ingress to and egress from the <br /> Public Pazking Facility through the Access Points between the Public Parking Facility <br /> and Parcel A(the "Pedestrian Public Parking Facility Access Easement"). As noted in <br /> Section 2.a above, the specific locations of the Access Points will be determined as a part <br /> of the design and permit approval process, and may be subject to modification as a result <br /> of construction issues. The Access Points will be located as the parties may agree, and <br /> will be identified in the Notice of Final Location. The Developer shall not construct any <br /> portion of the Retail Cinema in such a way as to deny or restrict public pedestrian access <br /> from the public pedestrian rights of way abutting Parcel A to the termini of the Access <br /> Points within Parcel A. <br /> c. Ventilation and Utility Easement. Non-exclusive perpetual <br /> easement necessary for the installation, use, maintenance, repair, removal, replacement <br /> and enlargement of any reasonably necessary utility and service lines, electric wiring and <br /> pipes, gas lines, water lines, sanitary or storm water drainage systems, telephone or other <br /> communications, security systems, and any other utility necessary or appropriate to <br /> REDW\0002\007-6.DOC <br /> 6\16\04 4001aw <br /> 4 <br />