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<br />1951267.v8
<br />WHEREAS, the Property also features an amphitheater, walking paths and other hardscape, a
<br />waterfall feature, a water fountain feature, irrigation systems (including control systems), landscaping
<br />(collectively, as the same may be modified, replaced, substituted, and removed from time-to-time in
<br />accordance with this Agreement, collectively, the “Community Amenity Improvements”);
<br />WHEREAS, the Property, the Stormwater Improvements and Community Amenity
<br />Improvements are referred to herein, collectively, as the “Easement Premises”.
<br />WHEREAS, the Original Agreement was entered into in connection with the original
<br />redevelopment of the Easement Premises and surrounding commercial property and as part of certain tax
<br />increment financing and other financing incentives provided by the City and Authority related to such
<br />original redevelopment.
<br />WHEREAS, as contemplated by the Original Agreement and by the related original
<br />redevelopment contracts, the Easement Premises are designed and intended for the purposes of (1)
<br />stormwater management for the surrounding commercial property and (2) providing a community
<br />amenity for all of the residents of the development, the City, and the general public.
<br />WHEREAS, the Parties wish to amend, restate, and replace the Original Agreement, in its
<br />entirety, upon and pursuant to the terms and conditions of this Agreement for the purposes of updating,
<br />modifying, and clarifying the allocation of rights and responsibilities with respect to the Easement
<br />Premises between the City and the Owners;
<br />WHEREAS, the Authority is executing this Agreement as indicated on the signatures hereto for
<br />the sole purpose of acknowledging and consenting to such amendment, restatement, and replacement of
<br />the Original Agreement, and hereafter the Authority shall no longer be a party to this Agreement.
<br />NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,
<br />the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
<br />1.Recitals. The Parties acknowledge that the foregoing recitals are true and correct and that
<br />such recitals are incorporated herein by this reference as if restated in full herein.
<br />2.Grant of Easements.
<br />(a)City Access Easement. The Salo Park Owner and the Apache Park Owner hereby
<br />grant and convey to the City and its agents, employees, and contractors, and their respective
<br />officers, directors, employees, contractors, and, agents (each a “City Party”, and, collectively,
<br />the “City Parties”), a perpetual, non-exclusive easement over each Owner’s respective portion of
<br />the Easement Premises for the purposes of (i) access to, from, over, and through the Easement
<br />Premises and (ii) use of the Easement Premises, each as may be reasonably necessary for any or
<br />all of the City and any City Party to perform its obligations under this Agreement.
<br />(b)Public Access Easement. The Salo Park Owner and the Apache Park Owner
<br />hereby grant and convey to the City a perpetual, non-exclusive easement over and across the
<br />Easement Premises for the purpose of permitting the general public to utilize the Easement
<br />Premises for pedestrian access, passage, temporary gathering, and other general recreational uses
<br />that are consistent with such uses, by the public, of other City parks with amenities similar to the
<br />Easement Premises; such easement is, however, granted subject to (i) the City’s exercise of its
<br />ordinary regulation of City parks and (ii) the express terms and conditions set forth herein,
<br />including, without limitation, those certain procedures and rules as are established (and modified
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