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AGREEMENT
<br /> 1. Grant of Utilities and Access Easements
<br /> Grantor does hereby grant, bargain, sell and convey to Grantee for the benefit of the Benefited
<br /> Property and for the benefit of Grantee and its successors and assigns, and Grantee's contractors,
<br /> agents, employees and invitees (collectively, the "Grantee Parties"), a permanent non-exclusive
<br /> easement for the purpose of installation, construction, use, operation, maintenance, repair,
<br /> replacement, upgrade and/or reconstruction of Easement Improvements (as defined in paragraph 2
<br /> below) in, on, over, under, across and through that portion of Grantor's Property described and
<br /> depicted in Exhibit C attached hereto and by this reference incorporated herein (the "Easement
<br /> Area"),together with a non-exclusive easement to enter upon portions of the Property immediately
<br /> adjacent to the Easement Area and reasonably necessary for access for the purpose of construction,
<br /> maintenance, repair, replacement, upgrade and/or reconstruction of the Easement Improvements.
<br /> Grantee acknowledges that the Property (including the Easement Area) may not be supervised by
<br /> Grantor and Grantor will not be responsible for providing any security on or about the Property or
<br /> the Easement Area or for ensuring the safety of any vehicles or persons on or about the Property or
<br /> the Easement Area and Grantee agrees that the Grantee Parties will enter the Property and/or the
<br /> Easement Area at their own risk.
<br /> 2. Easement Improvements
<br /> The following improvements, to the extent installed, constructed, used, or operated for the
<br /> purpose of providing wastewater/stormwater pipeline connection between the Utility Property and
<br /> the Joint Use Facilities or connection between the Utility Property and other City infrastructure, are
<br /> hereinafter referred to collectively as the`Basement Improvements": all utility pipelines (including
<br /> without limitation an existing 30 inch pipeline), controls,valves,vents, drains, catch basins, cables,
<br /> ducts, vaults, manholes, service connections, cabinets, containers, switches,transformers, conduits,
<br /> wires and other associated equipment and appurtenances (A) now existing within the Easement
<br /> Area or (B) hereafter installed within the Easement Area by Grantee or a Grantee Party. Grantee
<br /> shall install, construct, use, operate, maintain, repair, replace, upgrade and/or reconstruct the
<br /> Easement Improvements at no cost to Grantor in accordance with this Agreement and the
<br /> Environmental Agreement and in accordance with all applicable laws.
<br /> 3. Grantor's Use of Property
<br /> A. Grantor may use the surface of the Easement Area for any lawful purpose
<br /> permitted under applicable law, including, but not limited to, ingress and egress that does not
<br /> unreasonably interfere with the easement rights granted Grantee under this Agreement; provided,
<br /> however, that Grantor shall not engage in any excavation, tunneling, digging, construction,
<br /> alteration or other development of the Easement Area that would (a) interfere with, disturb or
<br /> damage the Easement Improvements in any way, (b) unearth, puncture, obstruct or interfere with
<br /> the efficient use and operation of the Easement Improvements, (c) endanger the lateral support to
<br /> the Easement Improvements, or(d) otherwise unreasonably hinder or interfere with Grantee's use,
<br /> operation, maintenance or repair, replacements, upgrade and/or reconstruction of the Easement
<br /> Improvements including the Joint Use Facilities, without the prior written consent of Grantee,
<br /> which consent shall not be unreasonably withheld.
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