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<br />/ <br /> <br />200702205 <br /> <br />York Avenue where it traverses the Hastings Property as depicted on Exhibit "C", which <br />is attached and incorporated by this reference (the "Easement Area"). Tbis easement will <br />terminate when the Hastings Property adjacent to the Woodland Property is developed <br />and Pennsylvania Avenue and New York Avenue are extended through the Hastings <br />Property. <br /> <br />2. Grading. If required, Woodland shall, at its sole cost and expense, perform <br />the grading of the Easement Area as expeditiously as is reasonable and in a good and <br />workmanlike manner to accommodate the use of the Turn Around Area. Woodland shall <br />be responsible for the design and grading necessary to accommodate the transition of <br />grade between the Easement Area and the Hastings Property. <br /> <br />3. Temporary Construction Easement. In connection with the grading to be <br />performed by Woodland on the Hastings Property, Hastings hereby grants to Woodland <br />a temporary construction easement upon the Hastings Property in order for Woodland <br />to perform the grading. The temporary construction easement granted herein shall be <br />limited to the Easement Area and shall terminate upon completion of the construction <br />of the grading. . <br /> <br />4. Binding Effect. The grant of this Easement shall be binding upon the <br />heirs, executors, administrators, successors and assigns of Hastings herein. Woodland <br />and its successors and assigns, including but not limited to the owners of the Woodland <br />Park Townhomes and shall be entitled to use and enjoy the Easement granted by <br />Hastings herein. <br /> <br />---- ----------~----5;_-----1\faint_enance.------The_-parties agree that the Easement Area shall be <br />maintained and kept in good repair and shall be kept clear of snow, ice, and other <br />obstructions. The maintenance obligations of the parties shall include any construction, <br />reconstruction, removal, replacement, operation, maintenance, repair or improvement <br />of the easements. All maintenance shall be performed in a workmanlike manner and <br />solely at the cost and expense of the parties actually using the Easement Area. Provided, <br />however, in the event Woodland is the only party using the Easement Area such <br />maintenance obligation shall belong solely to Woodland. <br /> <br />6. Liability. The sole rights granted herein are the rights to use the Easement <br />Area for the purposes described herein, and each party shall be liable to the other party <br />for any damage caused by the use of the Easement Area by them or their employees, <br />invitees, agents, successors or assigns. Woodland further agrees that Woodland shall <br />not cause, permit, or allow any use of the Easement Area that will materially interfere <br />with the use of the Hastings Property by Hastings once the Hastings Property is <br />developed eliminating the need for the Tum Around Areas <br /> <br />7. Other Agreements. This Easement shall constitute the entire easement <br />and agreement between the owners of the Hastings Property and the Woodland Property <br />with respect to the subject matter hereof and supersedes all prior easements of record, <br />if any, relating to the property referenced herein. <br /> <br />8. Further Assurances. Each undersigned party will, whenever it shall be <br />reasonably requested to do so by the other, promptly execute, acknowledge, and deliver, <br />or cause to be executed, acknowledged, or delivered, any and all such further <br />conveyances, confirmations, instruments, or further assurances and consents as may <br /> <br />L0733063.2 <br /> <br />-2- <br />