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200412248 lawfully do so, to exercise its police power, in an appropriate manner and without affecting the enjoyment of Tract 1, to approve one or more entry areas from Stolley Park Road to Tract 2 so that Fonner Park shall have free access to all portions of Tract 2 notwithstanding the cancellation of its rights with respect to Tract 1. 6. Fonner Park hereby further grants to Heartland and the City and Heartland's contractor or contractors, its or their subcontractors and the employees of any such contractor or subcontractor for the construction of the Project a temporary easement for access over Tract 2 (its access areas, roads, drives and walkways) and for construction activities and working space (including storage of materials) and other construction related activities (including parking of vehicles) for the Project. This construction easement shall be upon and relate to that portion of Tract 2 which immediately abuts Tract 1 and lies within a distance of 200 feet from outer boundary of Tract 1 and on which there are no structures other than paved parking or paved roads, drives or walkways. This temporary construction easement shall terminate ninety (90) days after the completion of construction of the Project. 7. The permanent contractual right and easement of Heartland and the City for parking rights and access as to Tract 2 shall represent an interest in real estate that shall run with the title to Tract 1. 8. The permanent contractual right and easement of Fonner Park for parking rights and access as to Tract 1 shall represent an interest in real estate that shall run with the title to Tract 2. 9. The contractual rights and easements provided for in paragraphs 1 (as described in paragraphs 2 and 3) shall commence upon the completion of construction of the Project which shall be deemed to have occurred for all purposes of this Parking Rights and Access Agreement upon the issuance of a certificate of occupancy for the Project by the appropriate officials of the City. The contractual rights and easements provided for in paragraph 6 of this Parking Rights and Access Agreement shall commence upon the execution and delivery of this Parking Rights and Access Agreement. 10. Fonner Park shall have the right to modify existing parking areas, access areas, roads, drives and walkways upon Tract 2 from and after the time of execution and delivery of this Parking Rights and Access Agreement so long as, in connection with any such modification, Fonner Park shall take such actions as are necessary to maintain adequate parking facilities and adequate entry areas, roads, drives and walkways on Tract 2 for the benefit of the Project as located on Tract 1, taking into consideration that such parking and access requirements relate to events for which numbers of vehicles consistent with the seating capacity of the Project are to require parking and access. 11. This Parking Rights and Access Agreement is to inure to the benefit of and be binding upon Fonner Park, Heartland and the City and their respective successors and assigns, and shall not confer any rights upon any other person, except those Benefited Parties other than Heartland and the City, which shall have rights hereunder only by and through Heartland or the City, as the case may be. This Parking Rights and Access Agreement and the contractual rights and 4 11