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comprise and constitute sufficient consideration to enter into this Agreement, the Parties hereby agree as follows: 1. Ingress and Egress Easement. The City hereby grants, bargains, sells and conveys to Grantee and Grantee’s successors and assigns a non-exclusive, perpetual easement for pedestrian and vehicular ingress and egress to and from the Grantee Property over the City Property to access the Road (the “Easement”). The Easement is and will be defined and located over and across the paved driveway as it is now existing on the City Property. The Easement area may be relocated at the request and discretion of Grantee, subject to the permission of the City and any then-existing permit and zoning requirements. The Easement may be used by Grantee, Grantee’s successors and assigns, and Grantee’s tenants, invitees, employees, agents, customers, and other users of the improvements located on the Grantee Property. 2. Covenants Running with the Land; Successors and Assigns. The terms of this Agreement and the Easement granted herein shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the Parties, respectively,and their respective successors and assigns. This Agreement is appurtenant to and benefits the Grantee Property. 3. Additional Provisions. a. By executing this Agreement, the Parties acknowledge and represent to one another that all actions and procedures necessary to validly authorize, execute and deliver this Agreement have been duly performed, and that the persons signing for each Party have been duly authorized to do so. City represents that it has authority, as the fee simple owner of the City Property, to grant the Easement described in this Agreement. City further represents that neither this Agreement nor the Easement granted herein (i) conflict with or violate or result in a breach of any of the provisions of, or constitute a default under, any agreement or instrument relating to the City Property, and (ii) are subordinate to any mortgage or similar senior lien(s) against the City Property(other than lien(s) for unpaid taxes and assessments), provided, however, that if such senior lien(s) do exist, then prior to the execution and recording of this Agreement, City must obtain the consent and subordination of any such lienholder(s) to this Agreement and Easement. City agrees that it shall not build, erect or maintain any improvements within the Easement that would materially interfere with Grantee’s use of the Easement as described herein. b. It shall be the sole responsibility of Grantee to maintain (including without limitation snow and ice removal) the paved driveway and all other private improvements located within the Easement in a good, safe, and usable condition, fully consistent with all applicable laws, regulations, ordinances, codes, and other requirements of City. City shall have no responsibility to maintain the paved driveway or private improvements located within the Easement or to reimburse Grantee for any maintenance costs and expenses related thereto. Neither Party shall have any right to place a lien on the other Party’s parcel in connection with this Agreement or the Easement granted herein. 2 RS160-1-854841.v2