Resolution 7660 Approving Easement Agreement 3980 Dahl Rd

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1. Grant of Easements. Grantor hereby grants and conveys to Grantee the following easements(collectively,the"Easements"): a. Access Easement. A perpetual, non-exclusive access easement (the "Access Easement") on, over, upon and across that portion of the Property, legally described on the attached Exhibit"B"(the"Access Easement Area")and depicted on attached Exhibit"C". b. Utility Easement. A perpetual, non-exclusive utility easement (the "Utility Easement") on, over, under and upon that portion of the Property, legally described on the attached Exhibit "B" (the "Utility Easement Area") and depicted on the attached Exhibit "C". The Utility Easement, Sanitary Sewer Easement, and D&U Easement are collectively referred to as the "City Easements." 2. Scope of Easements. a. Access Easement.This Agreement shall include the rights of Grantee,its contractors, employees, agents and assigns to enter upon and cross over the Access Easement Area at all reasonable times for purposes of accessing the City Easements. b. Utility Easement. This Agreement shall include the rights of Grantee, its contractors, employees, agents and assigns to enter upon the Utility Easement Area at all reasonable times to operate, construct, maintain, repair and replace utility systems, including but not limited to, an existing grinder station on the Property depicted on the attached Exhibit"C". 4. Driveway Asphalt Replacement. Grantor intends to undertake a project to replace the asphalt surface of an existing driveway that provides ingress and egress to the Property (the "Project"). The_ portion of the driveway within the Access Easement Area constitutes approximately '�a uare feet. As consideration for the Easements, Grantee agrees to contribute to the cost of the Project on a one-time,nonrecurring basis,provided that the Project is completed by September 1, 2026. Grantor is responsible for contracting with a qualified contractor to undertake the Project. Upon completion of the Project, Grantor shall provide Grantee with a copy of the contractor's invoice which must specify the total cost of the Project, calculated on a square foot basis. Within 30 days after receipt of the invoice, Grantee shall pay Grantor an amount equal to fifty (50)percent of the contracted cost per square foot,times I7®square feet. 6. Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 7. No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 8. Severability. The invalidity of any portion of this Agreement shall not impair in anymanner the validity, enforceabilityor effect of the rest of this Agreement. tY, g 2 237407v2