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<br /> easement over and across that part of the City's Leased Property (the "North Easement
<br /> Area"), and that part of the Grantor's Property (the "South Easement Area"), all as shown
<br /> and designated on Exhibit "D" attached hereto and incorporated herein by this reference
<br /> and over, under and across Grantor's Property as reasonably required for access to public
<br /> and private utilities, including but not limited to water, sewer, electrical and telephone
<br /> (the "Utilities Area") (together, the South Easement Area and the North Easement Area
<br /> may be referred to herein as the "Easement Area"), and on the terms and conditions set
<br /> forth in this Agreement(the"Easement").
<br /> 2. Description of Access Easement. The easement granted in this Agreement over and
<br /> across the Easement Area is for purposes of continuous year-round, non-exclusive,
<br /> unimpaired vehicular and pedestrian ingress and egress along existing roads, driveways
<br /> and sidewalks, and for purposes of the laying pavement for roads and driveway on the
<br /> Easement Area by Grantee (the "Work"). From the date hereof until Grantee has
<br /> completed the Work, the Easement Area shall be extended one hundred (100) feet in all
<br /> directions for purposes of allowing Grantee, its employees, agents, contractors, invitees,
<br /> licensees and tenants to complete the Work. In the event of the termination of this
<br /> Agreement as provided herein, Grantee shall have no obligation to remove such paving or
<br /> any other improvements or additions made by Grantee to the Easement Area and the
<br /> same shall vest and become the sole property of Grantor. Grantor hereby covenants and
<br /> agrees that the location of roads, driveways and sidewalks in the Easement Area existing
<br /> as of the Effective Date or constructed by Grantee as part of the Work shall not be altered
<br /> without the prior written consent of Grantee.
<br /> 3. Description of Utilities Easement. The easement granted in this Agreement over, under
<br /> and across the Utilities Area is for purposes of accessing, installing and supplying utilities
<br /> to the Grantee's Leased Premises (the "Facilities"). The grant of easement herein
<br /> contained shall include the right of Grantee, its employees, agents, contractors, invitees,
<br /> licensees and tenants to enter upon the Grantor's Property and to survey, construct,
<br /> maintain, repair, replace, operate, control, and use the Facilities, so long as such use by
<br /> Grantee does not substantially interfere with Grantor's use of Grantor's Property.
<br /> Grantee shall restore the Utilities Area as far and as soon as is possible to its pre-existing
<br /> condition at Grantee's sole cost and expense.
<br /> 4. Maintenance. Grantor, at its sole cost and expense, shall be responsible for the
<br /> commercially reasonable maintenance, repair, replacement, snow removal, taxes and
<br /> insurance for the Easement Area and Grantor's Property, including any roads, driveways,
<br /> sidewalks, fences and gates existing or to be located thereon.
<br /> 5. Access Points; Obstructions. The openings and access points to the Easement Area
<br /> shall in no event be blocked, closed, altered, changed or removed and shall at all times
<br /> remain in place without the prior written consent of Grantee. Neither Grantor nor its
<br /> tenants or occupants of any portion of the Grantor's Property, nor the respective
<br /> employees, agents, contractors, invitees, licensees or tenants of Grantor or those of
<br /> Grantor's tenants or occupants, shall interfere with the reasonable use of the Easement.
<br /> No barricade, fence or other like obstruction or improvement shall be erected or
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