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FROM B&~ FAX 612-334-8650 VOICE 334-8520 (MaN) 08, ]]' 97 12:39/ST. 12:37/NO. 356029247] P 4/12 B. For pedestrian access upon such exterior sidewalks aDd pedestrian access ways as may from time to time, exist upon the Rosewood Property and the Nelson Property. Such sidewalks and pedestrian access ways may, from time to time, be construCted, razed, reconstructed, and relocated so long as reasonable access to such parking areas remains folIowing any such actions. C. For the parking of automobiles upon the parking areas from time to time existing upon the Rosewood Property and the Nelson Property. 2. Term. This Easement shall continue for a minimum period of ten (10) years commencing on April 28, 1997. Ei.ther party may terminate this Agreement effective on any date OJ] or after April 28, 2007, by giving notice of termination (the "Termination Notice") to the other party and to the City of RoseVJ11e (the "City") at least one year in advance of the date of termination specified in the Termina.tion Notice. The Easement shall be discharged of record by the filing of an affidavit on behalf of the terminating party, to which sbaH be attached tbe Termination Notice, and which shall state that the Termination Notice \Vas duly served on the other party and on the City of Rosevi1le in accordance with the provisions of tm Agreement. 3. Obstruction and Interference. Rosewood and the successors an.d aSjligns of Rosewood, may make such use of the driveways, roads, sidewalks, pedestrian access ways and parking areas located upon the Rosewood Property as does not unreasonably interfere with the rights granted in this Agreement. Nelson and the successors and assigns of Nelson, may make such use of the driveways, roads, sidewalks, pedestrian ac.cess ways and parking areas located upon the Nelson Property as does not unreasonably interfere with the rights granted in this Agreement. AIl parties covenant that the driveways, roads, sidewalks, pedestrian access ways and parking areas that a,re subject to the easements granted in this Agreement shall not be obstructed except as may be reasonably necessary, on a temporary basis, for maintenance, repair, reconstruction or other reasonable and necessary and/or appropriate purposes. 4. Running of Be.nefits and Burdens. AIl provisions of this instrument, including the benefit and burdens, shall be deemed to run with the land and are bindjng upon and shan inure to the benefit of the heirs, assigns, successors and legal representatives of the parties hereto. 5. Termination of Covenant Liability. Whenever a transfer of ownership of any parcel (or any part thereof) takes place, liability of the transferor for breach of covenan.t occurring thereafter shall automatically terminate (provided only that tbe tramferee assumes such )jabilities thereafter occurring, subject to the provisions of this paragraph). 6. Constructicn of Easement Imt7rovcIIJ.ents. Rosewood agrees that it shall, on or before . 1997, construct those improvements (the "Easement Improvements'~ listed on Exhibit C attached hereto at its sole cost and expense, and in accordance with aU applicable codes, ordinances and regulations. 795~ .3 2