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200412248 excluding any portion thereof conveyed to the City for public roads and public utilities and further excluding Tract 1 ( "Tract 2 "); and WHEREAS, the City and Heartland have entered into a Lease Purchase Agreement dated October 9, 2001 (the "Original Agreement ") by and between the City and Heartland, as amended and supplemented by that Addendum to Lease Purchase Agreement dated August 26, 2003 (the "First Addendum ") by and between said parties and as further amended and supplemented by that Second Addendum to Lease Purchase Agreement dated as of December 1, 2004 (the "Second Addendum" and collectively, with the Original Agreement and the First Addendum, the "Agreement ") relating to the planning, designing, constructing and financing of an agricultural exposition and events center (the "Project ") to be located on Tract 1 and which is being leased to and purchased by the City in accordance with Neb. Rev. Stat., § 19 -2421; WHEREAS, Paragraph 4. of the Agreement provides that Heartland shall provide or shall cause to be provided to the City a permanent contractual right and easement to use an area within the existing grounds of Fonner Park for parking rights and access benefiting Tract 1; and WHEREAS, it is also necessary and convenient for Heartland and the City to receive certain contractual rights and easements relating to construction of the Project; NOW, THEREFORE, in consideration of the City's and Heartland's entering into the Agreement and the mutual covenants contained herein, the parties do hereby agree and contract as follows: 1. Fonner Park hereby grants to Heartland and the City a permanent non - exclusive contractual right and non - exclusive easement upon and over Tract 2 to use an area within the existing grounds of Fonner Park for vehicular parking rights and vehicular and pedestrian access as more fully described hereinafter. References to contractual and easement rights of Heartland and the City as provided in this Parking Rights and Access Agreement shall extend to and include each of them, their successors and assigns and the employees, agents, contractors, tenants, occupants, invitees and licensees of each of them and members of the general public attending events at the Project (the "Benefited Parties "). 2. Pursuant to the non - exclusive contractual right and non - exclusive easement granted in paragraph 1, the Benefited Parties may use the parking facilities on the grounds of Former Park located on Tract 2 as will exist from and after the completion of construction of the Project, or as may hereafter be constructed on Tract 2, for events at the Project for vehicular parking without charge or at charges to be determined by Fonner Park from time to time and approved by Heartland and the City; provided, however, such parking on Tract 2 for events at the Project located on Tract 1 shall be subject to reasonable restrictions of Former Park to accommodate patrons of Fonner Park during the race meet or other similar activities of Fonner Park involving a large number of patrons. It is the intent of the parties that Fonner Park shall have the right to make reasonable charges to the Benefited Parties for vehicular parking (to be collected by Fonner Park or Heartland or both as determined by Former Park), the approval of which shall not be unreasonably withheld by Heartland and the City. The schedule of charges in effect for vehicular parking as determined by Fonner Park shall be filed with Heartland and the K If