RecD04 2004-176824 - Laserfiche WebLink

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reason for the relocation is that it is determined that the existing location of any utility equipment or device is interfering with the efficient operation for the Public Parking Facility. The installation, use, operation, maintenance, repair, replacement, relocation and removal of all such utilities shall be at the Developer's sole cost and expense except as provided in the previous sentences and except as and to the extent that such utilities service the Public Parking Facility. It is agreed that the Developer Utility Easement includes the right to reinstall or relocate utilities over time as the reasonable use of the Retail Cinema requires, provided that such reinstallation or relocation does not unreasonably interfere with the operation of the Public Parking Facility. d. Construction and Repair Easement. Non-exclusive perpetual easement on, over and through any portion of Parcel B as is reasonably necessary for workers, materials and equipment for the purposes of construction of the Retail Cinema and/or all future repair, restoration, alteration, expansion or maintenance work with respect to and within the Retail Cinema, provided that the Developer shall provide reasonable advance notice of such activities except in case of emergency where such advance notice is not practicable, and further provided that any permits legally required for the subject work have been obtained by the Developer (the "Developer Repair Easement"). Section 3. City Easements. Subject to the terms of this Agreement, the Developer grants to the City, for the benefit of and appurtenant to Parcel B and burdening Parcel A, the following easements: a. Vehicular Easement. A non-exclusive perpetual easement on, over and through Parcel A for the purposes of vehicular access to the Public Parking Facility over the portion of Parcel A identified in the drawing attached hereto as Exhibit "B" and incorporated herein by this reference (the "Vehicular Access Easement"). The Developer shall not construct or erect, or permit any third party to construct or erect, any fence, barrier or other impediment to the free flow of vehicular traffic across the Vehicular Access Easement. b. Pedestrian Public Parking Facility Access Easement. Non- exclusive perpetual easement on, over and through Parcel A, for pedestrian access and ingress to and egress from the Public Parking Facility through the Access Points between the Public Parking Facility and Parcel A (the "Pedestrian Public Parking Facility Access Easement"). As noted in Section 2.a above, 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. The Access Points will be located as the parties may agree, and will be identified in the Notice of Final Location. The Developer shall not construct any portion of the Retail Cinema in such a way as to deny or restrict public pedestrian access from the public pedestrian rights of way abutting Parcel A to the termini of the Access Points within Parcel A. c. Ventilation, Signage and Utility Easement. Non-exclusive perpetual easement on, over and through Parcel A, necessary for the installation, use, REDW\0002\007 -9PREF .DOC 6\25\04 1130 law 4