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��(-�-��- . <br /> reason for the relocation is that ii is determined that the existing location of any utility <br /> equipment or device is interfering with the efficient operation for the Public Pazking <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 Parl:ing 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 /> and/or all future repair, restoration, alteration, expansion or maintenance work with <br /> respect to and within the Retail Cinema, provided that the Developer shall provide <br /> reasonable advance notice of such activities except in case of emergency where such <br /> advance notice is not practicable, and further provided that any permits legally required <br /> for the subject work have been obtained by the Developer (the "Developer Repair <br /> Easement"). <br /> Section 3. Citv Easements. Subject to the terms of this Agreement, the <br /> Developer grants to the City, for the benefit of and appurtenant to Parcel B and burdenin� <br /> Parcel A, the following easements: <br /> a. Vehicular Easement. A non-exclusive perpetual easement on, over <br /> and through Parcel A for the purposes of vehicular access to the Public Parking Facility <br /> over the ponion of Parcel A identified in the drawing attached hereto as Exhibit "B" and <br /> incorporated herein by this reference (the "Vehicular Access Easement"). 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 Parking Facilitv Acces� Easement. Non- <br /> exclusive perpetual easement on, over and through Parcel A, for pedestrian access and <br /> inaress to and egress from the Public Parking Facility through the Access Points between <br /> the Public Parking Facility and Parcel A(the "Pedestrian Public Parking Facility Access <br /> Easement"). As noted in Section 2.a above, the specific locations of the Access Points <br /> will be determined as a part of the design and permit approval process, and may be <br /> subject to modification as a result of construction issues. The Access Points will be <br /> located as the parties may agree, and will be identified in the Notice of Final Location. <br /> The Developer shall not construct any portion of the Retail Cinema in such a way as to <br /> deny or restrict public pedestrian access from the public pedestrian rights of way abutting <br /> Parcel A to the termini of the Access Points within Parcel A. <br /> c. Ventilation. Signage and Utility Easement. Non-exclusive <br /> perpetual easement on, over and through Parcel A, necessary for the installation, use, <br /> RE DW100021007-9PRE F. DOC <br /> 6125104 1130 law <br /> 4 <br />