AgdaPkt 2004-06-21 - Laserfiche WebLink

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�. � -�.�� service the Public Parking .Facility, together with all necessary appurtenances and equipment, including, but not limited to, meters, terminal boxes, safety equipment, pipes, conduit and circuits on, over, under, across and through Parcel A(collectively, the "City Utility Easement"). It is specifically agreed that the proper ventilation of the Public Parking Facility will require ventilation pipes and/or equipment to be located at specific sites within Parcel A, and the Developer agrees that such ventilation pipes and/or equipment may be located as the original design and permitting process shall determine, and that the Developer will not undertake any action or permit any third paRy to undertake any action on Parcel A which interferes with the location and/or operation of such pipes and/or equipment. The City shall design, install, use, repair, maintain, locate, modify or enlarge the utility equipment in such a way that will not unreasonably and materially interfere with the Developer's use and development of the Retail Cinema. The installation, use, operation, maintenance, repair, replacement, relocation and removal of . all such utilities shall be at the City's sole cost and expense except to the extent that such utilities service the Retail Cinema. It is agreed that the City Utility Easement includes the right to reinstall or relocate utilities over time as the reasonable use of the Public Parking Facility requires, provided that such reinstallation or relocation does not unreasonably interfere with the operation of the Retail Cinema. d. Construction and Renair Easement. Non-exclusive perpetual easement on, over and through any portion of Parcel A as is reasonably necessary for workers, materials and equipment for the purposes of the construction of the Public Parking Facility and for any repair, restoration, alteration, expansion or maintenance work with respect to the Public Parking Facility, provided that the City shall provide reasonable advance notice of such activities except in case of emergency where such advance notice is not practicable (the "City Repair Easement"). Section 4. Recinrocal Encroachment Easement. It is agreed that the vertical nature of the Project, and the necessities of construction, may cause some portion of the Retail Cinema to encroach into Parcel B, and/or some portion of the Public Parking Facility to encroach into Parcel A. The parties hereto, for the benefit of and appurtenant to Parcels A and B, grant to each other an exclusive perpetual easement for any such encroachment which results from the original construction of the Project. Further, the parties agree that the legal descriptions of Parcels A and B shall contain the dimensions of the improvements thereon, the intention of the parties being that each Parcel shall encompass the appropriate improvements owned by the owner of the Parcel. In the event of natural or normal subsidence or other movement which does not impair the integrity or usefulness of the improvements constituting the Retail Cinema and the Public Parking Facility, the legal description of Parcel A shall continue to encompass the Retail Cinema and the legal description of Parcel B shall continue to encompass the Public Parking Facility. Each party hereby grants the other a perpetual easement for any encroachment which occurs in connection with or as a result of such natural or normal subsidence or other movement. Section 5. Use of Easements. The use of the easements granted pursuant to this Agreement is subject to the conditions stated below. These conditions are general in REDW\0002\007-6.DOC 6\16\oa 400 law 5