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A. Ingress, Egress and Parking. The Owners hereby grant to each other, for
<br />the benefit of each of the Lots, each of the Owners, and each Owner’s tenants, subtenants,
<br />customers, employees, agents, invitees, contractors, and each such party’s successors and assigns
<br />(collectively “Occupants”), a non-exclusive, perpetual, appurtenant easement for ingress and
<br />egress and parking over, across and through, and the non-exclusive right to utilize, the Common
<br />Areas (as hereinafter defined), provided that each Owner shall be permitted to post as
<br />“exclusive” or “short-term” parking or “No Parking – Loading Zone” for the benefit of any
<br />Occupants of such Owner’s Lot the parking spaces shown on the Site Plan. Notwithstanding the
<br />foregoing, (i) parking shall not be permitted in drive-thru and loading lanes and areas as the same
<br />are established and maintained from time to time; (ii) overnight parking or parking by
<br />commuters shall not be permitted in any portion of the Common Areas; and (iii) except for
<br />deliveries to Owners and Occupants in the ordinary course of business, the Common Areas shall
<br />be used only for the parking of passenger vehicles, and shall not be used for the parking of large
<br />trucks (exceeding 3/4 ton capacity), campers, mobile homes, trailers, and similar non-passenger
<br />vehicles. In addition, any Owner may designate certain areas to be used for outdoor seating by
<br />one or more Occupants of such Owner’s Lot, subject to all laws, rules, regulations, orders,
<br />permits, approvals and licenses of governmental authorities having jurisdiction over the
<br />Shopping Center (collectively “Governmental Regulations”). Access to such outdoor seating
<br />areas may be restricted by the Owner of the Lot where such seating is located. All construction,
<br />alterations, and/or repair work shall be accomplished in compliance with Governmental
<br />Regulations. The “Common Areas” are defined as the walkways, landscaped and green-space
<br />areas, driveways, entrances and exits and parking areas located on each of the Lots, being all of
<br />the Shopping Center except the areas shown on the Site Plan as the “Building Envelope and
<br />Owner Maintenance Area”, and the green-space areas in the public right-of-way to the extent
<br />maintained by the City of St. Anthony, provided that the Common Areas shall exclude sidewalks
<br />which are not adjacent to the parking area and any sidewalks maintained by the City of St.
<br />Anthony, the patio area and related fencing on Lot 2 as indicated on the Site Plan, and any trash
<br />enclosures.
<br />B. Utility Easements. The Owners hereby grant to each other, for the benefit
<br />of each of the Lots, the Owners, and each Owner’s Occupants, a non-exclusive, perpetual,
<br />appurtenant easement over and under the Common Areas for the use, maintenance, repair and
<br />replacement of underground utility lines. To the extent a portion of a utility line serves more
<br />than one of the Lots, the Owner of the Lot upon which such portion is located shall be
<br />responsible for maintaining such portion of the utility line, and the costs thereof shall be
<br />allocated equally among the Lots which are served by such utility line. To the extent any portion
<br />of a utility line serves only one Lot (each a “Separate Utility Line”), the Owner of such Lot
<br />shall be solely responsible for maintaining such Separate Utility Line, at such Owner’s sole cost
<br />and expense, irrespective of which Lot that portion of the line is located upon. Any Owner
<br />undertaking maintenance of a Separate Utility Line, shall repair, at its own cost and expense, any
<br />and all damage caused to any Lot by such work, and shall restore the affected portion of the Lot
<br />upon which such work is performed to a condition which is equal to or better than the condition
<br />which existed prior to the beginning of such work. In addition, the Owner undertaking such
<br />Separate Utility Line work shall pay all costs and expenses associated therewith, and shall
<br />indemnify, protect, defend and hold the other Owners and their tenants and invitees free and
<br />harmless from and against any and all damages, injuries, losses and/or claims attributable to the
<br />performance of such work, in accordance with Section 9.A.
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