McDonald's Corporation 11/12/2019

4. Term. This Temporary Construction Easement will commence on November 1, 2019 and will automatically expire and terminate upon the earlier to occur of: (i) January 31, 2020 or (ii) the date upon which Grantee's Work is completed (the "Primary Term"). Grantee has the option to extend the term of the Temporary Construction Easement to February 29, 2020 by providing Grantor with written notice exercising such option on or before the expiration of the Primary Term. If such notice is timely given this Agreement will be extended on the same terms and conditions to February 29, 2020 except that Grantee will pay Grantor an additional $750.00 as additional compensation for impact to parking for the extension period which will be paid within 10 days after Grantee's notice exercising the extension option. 5. Consideration. Grantee shall pay to Grantor as consideration and compensation for this Agreement prior to the commencement of Grantee's Work the sum of Thirteen Thousand Nine Hundred Eighty Dollars 70/100($13,980.70)which is made up of the following amounts: • Compensation for TCE $5,100.00 • Compensation for impact to parking $2,250.00 • Landscape Restoration Costs as set forth on Exhibit C $6,630.70 Total: $13.980.70 6. Grantee's Work and Use of Construction Easement Area. a. Grantee's Covenants and Warranties. Grantee covenants and warrants as follows: (i)that it will secure and to provide copies to Grantor of all third party permits and approvals to undertake and complete Grantee's Work; and (ii) that it will perform Grantee's Work at its sole cost and expense, and in a professional, good and workmanlike manner in conformance with customary engineering and construction practices, and in compliance with all applicable regulations and any agreements of record affecting Grantor's Property. In addition, Grantee will give Grantor written notice pursuant to Section 11 of the date upon which Grantee intends to commence Grantee's Work at least 10 days prior to the commencement of Grantee's Work. b. No Grantee Interference. Grantee will perform Grantee's Work in such a manner so as to not affect the visibility of or access to Grantor's Property, or adversely affect the business and operation on Grantor's Property, including without limitation, its drive-thru operation. Grantee will not interfere with any utility lines, facilities, or easements within the Construction Easement Area except as necessary for the Project, or elsewhere on Grantor's Property. Grantee will separate the Construction Easement Area by cones or by other appropriate construction safety barriers while Grantee performs Grantee's Work, and will not block or interfere with the access drives or drive-thru lanes on Grantor's Property. Grantee also agrees to access the Construction Easement Area through 41st Street and will not enter other areas of the property during its construction. c. No Grantee Parking. Grantee will not park on or store any construction vehicles on the Construction Easement Area, except as necessary within the Construction Easement Area during actual construction, or on Grantor's Property. Grantee will not move, remove, or demolish any of Grantor's signs, access drives, curbing, or other improvements located Document#1746709v3 -2-