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<br /> the parties may agree, and will be identified at the conclusion of construction and the
<br /> issuance by the Agency of the Certificate of Completion as referenced in Section 517 of
<br /> the DDA by the recordation of a Notice of Final Location, in a form acceptable to the
<br /> parties hereto, which will set forth the final location of the Access Points by depiction on
<br /> a map or plat.
<br /> b. Support Easement. Exclusive perpetual easements for the right of
<br /> continuous 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 puiposes.
<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 /> Parkin; Facility as a structural floor for portions of the Retail Cinema and the right to
<br /> stren�then 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 /> requirino greater load bearing support than is to be borne by the Public Parkin� Facility �
<br /> as originally designed for the Retail Cinema (collectively, the "Support Easement").
<br /> c. Utilitv 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, chutes and pickup, and any other
<br /> utility necessary or appropriate to service the Retail Cinema, together with all necessary
<br /> or appropriate appurtenances and equipment, including, but not limited to, meters,
<br /> terminal boxes, safety equipment, risers, pipes, conduit and circuits and trash receptacles
<br /> and compactors on, over, under, across and through Parce] B and into the public right of
<br /> way underlying Jefferson Avenue adjacent to Parcel B, as desi�ned by the Developer and
<br /> approved by the City (collectively, the "Developer Utility Easement"). The Developer
<br /> Utility Easement shall include the right to install and maintain necessary or appropriate
<br /> equipment, in the locations approved by the design and permitting process, relating to
<br /> escalators and/or elevators. The Developer shall design, install, use, repair, maintain,
<br /> locate, modify or enlarge the utility equipment in such a way that will not materially
<br /> interfere with the City's use and operation of the Public Parking Facility as a public
<br /> parking garage. The City shall have the right to reasonably require the Developer to
<br /> relocate such utilities as installed by the Developer provided that service of such utilities
<br /> is not unreasonably interrupted. Such relocation shall be at the City's sole cost and
<br /> 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 /> „, .
<br /> RE DW\0002\007-9PREF. DOC
<br /> 6�25\04 1130 law
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