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In consideration of mutual benefits to be derived and the performance of the <br /> covenants, terms and conditions hereinafter set forth, Grantor and the City hereby agree as <br /> follows: <br /> 1. Grant and Location of Easement. The Port is the fee owner of a certain parcel of <br /> real property legally described in Exhibit A attached hereto (the "Property"). The Hotel is the <br /> owner of a ground lease interest in a portion of the Property pursuant to a ground lease with <br /> the Port. Grantor hereby grants and conveys to the City the following non-exclusive perpetual <br /> easement for utility purposes (the "Easement") upon the easement area legally described in <br /> Exhibit A attached hereto and depicted in Exhibit B attached hereto (the "Easement Area"): <br /> A non-exclusive perpetual easement over, across, along, in, upon and under the <br /> Easement Area for the purpose of planning, surveying, engineering, constructing, <br /> reconstructing, operating, maintaining and repairing one or more utility lines and <br /> all appurtenances thereto;together with the right of ingress to and egress from the <br /> Easement Area and across the Property in areas adjacent to the Easement Area for <br /> the purpose of piling dirt and providing trench stabilization during the construction, <br /> reconstruction, operation, maintenance and repair the aforesaid improvement or <br /> facility. <br /> These utility lines and appurtenances thereto are collectively referred to herein as the "Utility <br /> Lines." Pursuant to a Bill of Sale between Grantor and Grantee, Grantor conveyed the Utility <br /> Lines currently installed in the Easement Area to Grantee. <br /> 2. No Interference with the Use of Easement Area. <br /> (a) Grantor and its representatives, employees, agents, contractors, tenants <br /> licensees and/or guests (collectively, the "Grantor Parties") shall not interfere with, obstruct or <br /> endanger the City's use of the Easement Area, or in any way interfere with, obstruct or <br /> endanger the usefulness of any Utility Lines or improvements located thereon. Regardless any <br /> other provision to the contrary in this Agreement, Grantor shall keep the Easement Area free of <br /> all permanent structures of any kind other than pavement and other typical improvements that <br /> 128399350.6 0073013-00075 <br />