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NOW,THEREFORE, inconsideration of One and NO/100 dollar($1.00) and the mutual covenants contained herein and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to City a perpetual easement over and across the Easement Area for public use as a pedestrian sidewalk (the"Easement"). 2. Construction.Commencing within sixty(60)days of the Execution Date,or within a reasonable time thereafter, the City will, at its sole cost and expense (including without limitation any ability of the City to levy and collect assessments against the Grantor or Grantor's Property for any construction costs and expenses), cause the construction to commence and diligently proceed to completion of a concrete sidewalk, a portion of which will be constructed along the length of the Easement Area. During construction of the sidewalk, the City shall be allowed at its sole cost and expense, to trim trees and remove other obstructions from the Easement Area so long as any trees trimmed are done in a way so as to not damage the health of the tree and so long as such trimming is reviewed and approved by Grantor. 3. Right of Entry and Maintenance.The grant of the Easement includes the right of the City,and its contractors,agents,employees,and successors and assigns,to enter upon and use the Easement Area to construct, reconstruct, inspect, operate and use the sidewalk; to level the Easement Area; to remove trees,brush, undergrowth and other obstructions from the Easement Area so long as such removal of trees is replaced with a similar size and type the location of which is approved by the Grantor; to maintain and repair the foregoing improvements and appurtenances in the Easement Area; and to do all other acts and things which are reasonably necessary for or incidental to the enjoyment of the easement rights granted herein. After the sidewalk is constructed, responsibility for sidewalk maintenance and repair activities, costs, and expenses will be determined as provided by the City Code, as may be amended hereafter. 4. Right to Use. Grantor reserves the right to use the Easement Area in any manner that will not prevent or interfere with the rights granted to the City by this Agreement or the rights of the public to use the sidewalk. 5. Right to Assign.The Grantor agrees that the City may assign the rights granted to it by this Agreement to any assignee subject to Grantor's review and approval which shall not be unreasonably withheld,who demonstrates sufficient competence and who gives adequate assurances that any work to be performed pursuant to this Agreement shall be conducted in a skillful and competent manner. 2