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3. Owner Not to Encroach. Owner agrees that the Improvement Easement Area shall not be encroached upon by fill, excavation, erection of buildings, or permanent enclosures, fences or walls,or other obstructions which would interfere with or which would otherwise obstruct access to, the Public Improvement in any manner. 4. Discontinuance of Use of Easement Parcel. In the event that use of the Improvement Easement Area is at any time discontinued by the City, the City shall remove the Public Improvement, restore the Improvement Easement Area pursuant to Section 2 of this Agreement, vacate the Easements described in this Agreement, and provide to Owner a written, executed and recordable Termination of this Easement Agreement (the "Termination"). For purposes of this Agreement, the City shall be construed to have discontinued use of the Public Improvement if the Public Improvement is not in active use for a period of thirty(30) consecutive days or more. In such event,Owner may terminate this Agreement by written notice to the City and if the City fails to provide the Termination within twenty(20)days of such notice, the Owner may record the Termination executed only by Owner and which clearly states the discontinuance of use of the Public Improvement and the City's failure to provide a Termination and such recorded Termination shall be effective to terminate this Easement for all purposes. If the City fails to remove the Public Improvement upon the discontinuance of use and written notice by Owner, Owner may remove the Public Improvement and restore the Improvement Easement Area pursuant to Section 2 of this Agreement, at the City's sole cost and expense. The City shall reimburse Owner for the cost of such removal and restoration within twenty (20) days of receipt of an invoice for the same. 5. Relocation of Access Easement. The Access Easement Area is across a portion of the existing driveway and parking lot. In the event the Property is redeveloped and the location of the Access Easement interferes,in any manner whatsoever,with such redevelopment,the City agrees to relocate the Access Easement to a suitable location that will continue to provide access from Highway 12 to the Improvement Easement Area using then existing driveways and/or parking lot areas. 6. Indemnification. The City hereby agrees to pay and to protect, indemnify and hold Owner harmless from and against any liabilities, damages, costs, expenses (including any and all attorney's fees and expenses), causes of action, suits, claims, demands or judgments of any nature whatsoever brought,made or otherwise claimed by any person or entity regarding the Improvement Easement Area and/or the City's default pursuant to the terms of this Agreement. 7. Successors and Assigns. The terms and provisions of this instrument shall run with the premises and shall extend to and be binding upon the Owner, its heirs,personal representatives, successors, and assigns. 8. Authorization of Owner. The Owner covenants that it has a lawful right and authority, without restriction, to convey the Easement Parcel as herein granted, subject only to the consent of any party having a record interest in the Easement Parcel. Doc# 1226653\3