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adjoining public right of way presently known as Middlefield Road. Parcel C consists of the surface rights within Middlefield Road which lie above Parcel B. The recording information for the Parcel Map is set forth in Exhibit "A" attached hereto. D. At the close of the escrow contemplated in the DDA, Parcel A will be owned by the Developer and Parcels Band C will be owned by the City. The City will operate a public parking garage in the Public Parking Facility. The structures to be located on Parcel A will completely or partially rest upon the structure of the Public Parking Facility, whiCh will provide foundational and structural support thereto, and portions of the final structures comprising the Public Parking Facility and the Retail Cinema may, as a result of construction requirements or needs, intrude into the other parcel. There will be access points for the public to enter and exit the Public Parking Facility, both by vehicle and on foot, including access points which are totally or partially located in Parcel A. Due to the vertical subdivision of the Project Site, there are a number of utilities for structures located in Parcel A which will be located in or transit through Parcel B, and certain utilities serving the Public Parking Facility may be located in or transit through Parcel A. In addition, the parties hereto share certain concerns about continuing maintenance of the structures and areas comprising the Public Parking Facility and the Retail Cinema. E. The parties desire to enter into this Agreement to set forth their mutual understanding with regard to the easements on, access to and maintenance of the respective parcels of the Project to ensure the operation of the Public Parking Facility and the businesses to be located in the Retail Cinema in an efficient and reasonable manner. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as set forth hereinafter. TERMS AND CONDITIONS Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein by reference. Section 2. Developer Easements. Subject to the terms of this Agreement, the City hereby grants to the Developer, for the benefit of and appurtenant to Parcel A and burdening Parcel B, the following easements: a. Pedestrian Public Parking Facility Access Easements. Non- exclusive perpetual easement on, over or through Parcel B, for pedestrian access and ingress to and egress from the Retail Cinema through the stairways, escalators, elevators and/or pedestrian ramps, as applicable (the "Access Points"), between the Public Parking Facility and Parcel A (the "Developer Access Easement"). The parties acknowledge and agree that the specific locations of the Access Points will be determined as a part of the design and permit approval process, and may be subject to modification as a result of construction issues. For that reason, it is agreed that the Access Points will be located as REDW\0002\007 -9PREF .DOC 6\25\04 1130 law 2 --" -'