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B. The Grantor and Grantee are parties to the Riverside Business Park Public <br /> Access Agreement dated December 28, 2015, as amended ("Public Access Agreement"). <br /> In accordance with that agreement, certain public access improvements have been or will <br /> be constructed in Riverside Business Park. <br /> C. The purpose of this Agreement is for the Grantor to dedicate an easement to <br /> the City for public access on a portion of the Property for low-impact recreational activities, <br /> such as walking,hiking,bird-watching, and bicycling("Low Impact Public Use"). <br /> AGREEMENT <br /> For good and valuable consideration, the receipt and sufficiency of which are hereby <br /> acknowledged, Grantor and the City agree as follows: <br /> 1. Public Access Dedication and Easement. Grantor hereby dedicates and <br /> grants the public a perpetual easement across, along, in, and upon the portion of the <br /> Property described and shown in Exhibits A and B hereto (such portion, the "Easement <br /> Area") for use for Low-Impact Public Use, together with (a) the right of the City within the <br /> Easement Area to construct, install, inspect, repair, operate, maintain, renew, and replace <br /> improvements in furtherance of Low-Impact Public Use (including, but not limited to, the <br /> Public Access Improvements as defined below), (b) the right of the City to ingress and <br /> egress across the Property from time to time for purposes of such construction, installation, <br /> inspection, repair, operation, maintenance, renewal, and replacement, and (c) the right of <br /> the City to cut and remove brush, trees or other debris and as reasonably necessary for such <br /> ingress and egress. This easement is referred to in this Agreement as the "Public Access <br /> Easement." <br /> 2. Public Access Improvements/Easement Adjustment. Grantor and Grantee <br /> have previously recorded against the Property a Public Access Covenant and Agreement <br /> (the "Covenant"), which requires construction of certain public access improvements on <br /> the Property within the Easement Area (the "Public Access Improvements"). The <br /> Covenant also contains provisions that in certain circumstances allow for adjustment or <br /> termination of this Agreement. <br /> 3. Grantor's Use of Property. Grantor is prohibited from using of any portion <br /> of the Easement Area in a manner that interferes with or obstructs or endangers the <br /> usefulness of the Public Access Improvements or the Public Access Easement. Grantor <br /> reserves all other rights to use the Easement Area and Property, so long as Grantor's use <br /> does not interfere with use of the Public Access Improvements or the Public Access <br /> Easement. Prior to any construction or any other activity that requires use of the Easement <br /> Area that may be reasonably anticipated to affect the use of the Easement Area, Grantor <br /> shall notify the City in writing and shall provide the City with a copy of all plans and <br /> specifications for the proposed activity for review at least thirty (30) days prior to the start <br /> of the proposed activity. Grantor shall not start the proposed activity unless and until it has <br /> received the City's written approval of Grantor's proposed activity. This written review <br /> and approval will not be unreasonably withheld, conditioned or delayed. The City's review <br /> (00245174.DOCX; 1/17185/ESMT) 2 <br />