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2 <br />237407v2 <br />1. Grant of Easements. Grantor hereby grants and conveys to Grantee the following <br />easements (collectively, the “Easements”): <br /> <br />a. Access Easement. A perpetual, non-exclusive access easement (the “Access <br />Easement”) on, over, upon and across that portion of the Property, legally described on the attached <br />Exhibit “B” (the “Access Easement Area”) and depicted on attached Exhibit “C”. <br /> <br />b. Utility Easement. A perpetual, non-exclusive utility easement (the “Utility <br />Easement”) on, over, under and upon that portion of the Property, legally described on the attached <br />Exhibit “B” (the “Utility Easement Area”) and depicted on the attached Exhibit “C”. The Utility <br />Easement, Sanitary Sewer Easement, and D&U Easement are collectively referred to as the “City <br />Easements.” <br /> <br />2. Scope of Easements. <br /> <br />a. Access Easement. This Agreement shall include the rights of Grantee, its contractors, <br />employees, agents and assigns to enter upon and cross over the Access Easement Area at all <br />reasonable times for purposes of accessing the City Easements. <br /> <br />b. Utility Easement. This Agreement shall include the rights of Grantee, its <br />contractors, employees, agents and assigns to enter upon the Utility Easement Area at all <br />reasonable times to operate, construct, maintain, repair and replace utility systems, including but <br />not limited to, an existing grinder station on the Property depicted on the attached Exhibit “C”. <br /> <br />4. Driveway Asphalt Replacement. Grantor intends to undertake a project to replace <br />the asphalt surface of an existing driveway that provides ingress and egress to the Property (the <br />“Project”). The portion of the driveway within the Access Easement Area constitutes <br />approximately ____ square feet. As consideration for the Easements, Grantee agrees to contribute <br />to the cost of the Project on a one-time, nonrecurring basis, provided that the Project is completed <br />by September 1, 2026. Grantor is responsible for contracting with a qualified contractor to <br />undertake the Project. Upon completion of the Project, Grantor shall provide Grantee with a copy <br />of the contractor’s invoice which must specify the total cost of the Project, calculated on a square <br />foot basis. Within 30 days after receipt of the invoice, Grantee shall pay Grantor an amount equal <br />to fifty (50) percent of the contracted cost per square foot, times _____ square feet. <br /> <br /> 6. Entire Agreement. This Agreement contains the complete understanding and <br />agreement of the parties hereto with respect to all matters referred to herein, and all prior <br />representations, negotiations, and understandings are superseded hereby. <br /> <br /> 7. No Waiver. No waiver of any default of any obligation by any party hereto shall <br />be implied from any omission by the other party to take any action with respect to such default. <br /> <br /> 8. Severability. The invalidity of any portion of this Agreement shall not impair in <br />any manner the validity, enforceability or effect of the rest of this Agreement. <br /> <br />63