Agmt15 Hamiilton & Winslow Properties, LLC - DDA

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2.2 Developer Grant of Parkin� and Access Easement in Hamilton Gara�e. The Developer hereby grants to City, for the benefit of City, non-exclusive easements for pedestrian and vehicular ingress and egress and parking in, on, under and through the Hamilton Garage upon its completion (the "Hamilton Easement"). A legal description of the Hamilton Garage is attached hereto as Exhibit B and incorporated herein by reference. The Hamilton Easement shall be an easement and shall be enforceable as a covenant running with the land and an equitable servitude upon the Site, binding upon the Site, each person having or acquiring any right, title, or interest in the Site or any part thereof, or any improvements thereon, and upon their respective successors and assigns, and shall run for the benefit of the City and its successors and assigns owning or operating the Jefferson Garage and the future garage on the Winslow ParceL The Jefferson Garage and the Winslow Parcel are more particularly described in Exhibit C and Exhibit D, attached hereto and incorporated herein by reference, respectively. Any conveyance of all or any part of or interest in the Site shall be subject to, and by this Parking Agreement is deemed to be subject to, the Hamilton Easement as appurtenant to the Jefferson Garage and Winslow Parcel. 2_3 City Grant of Access Easement in Jefferson Gara�e. The City hereby grants to Developer, for the benefit of Developer and its successors and assigns, non-exclusive easements for pedestrian and vehicular ingress and egress in, on, under and through the Jefferson Garage upon the completion of the Hamilton Garage (the "Jefferson Easement"). A legal description of the Jefferson Garage is attached hereto as Exhibit C and incorporated herein by reference. The Jefferson Easement shall be an easement and shall be enforceable as a covenant running with the land and an equitable servitude upon the Jefferson Garage, binding upon the Jefferson Garage, each person having or acquiring any right, title, or interest in the Jefferson Garage or any part thereof, or any improvements thereon, and upon their respective successors and assigns, and shall run for the benefit of the Developer and its successors and assigns owning or operating the Hamilton Garage. Any conveyance of all or any part of or interest in the Jefferson Garage shall be subject to, and by this Parking Agreement is deemed to be subject to, the Jefferson Easement as appurtenant to the Hamilton Garage and future Winslow Garage. 2.4 City Grant of Access Easement in future Winslow Garage and future Public Access Parcel #3. The City agrees to grant to Developer, for the benefit of Developer and its successors and assigns, non-exclusive easements far pedestrian and vehicular ingress and egress in, on, under and through the future Winslow Garage and Public Access Parcel #3 upon the completion of the Winslow Garage on the Winslow Parcel (the "Winslow Easement"). A legal description of the Winslow Parcel is attached hereto as Exhibit D and incorporated herein by reference. The future Public Access Parcel #3 is generally shown on Exhibit E. This Agreement shall be amended to include the specific legal descriptions of the Winslow Garage and Public Access Parcel #3 prior to the completion of the Winslow Garage. The Winslow Easement shall be an easement and shall be enforceable as a covenant running with the land and an equitable servitude upon the Winslow Garage, binding upon the Winslow Garage, each person having or acquiring any right, title, or interest in the Winslow Garage or any part thereof, ar any improvements thereon, and upon their respective successars and assigns, and shall run for the benefit of the Developer and its successors and assigns owning or operating the Hamilton Garage. Any conveyance of all or any part of or interest in the Winslow Garage shall be subject ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA REV:08-18-15 VR Page 4 82483.00019\9644366.l 6