HRA PACKET 11232021 - Laserfiche WebLink

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3 1951267.v8 or amended, from time to time) and memorialized in a separate agreement by and among the Parties (“Rules and Procedures”). The City agrees that it shall maintain a copy of the then- current Rules and Procedures in its offices and make such copy available upon request. (c)Procedures and Rules. The City shall manage the Easement Premises according to the Rules and Procedures. (d)City Access Easement Granted By Shopping Center Owner. The Shopping Center Owner hereby grants and conveys to the City Parties a perpetual, but non-exclusive, easement over those areas (i) of that certain shopping center property owned by the Shopping Center Owner (the “Shopping Center”), and (ii) depicted on Exhibit “D” attached hereto and incorporated herein by this reference (the “Shopping Center Access Areas”), it being understood that the sole purpose of the foregoing easement (the “Shopping Center Access Easement”) shall be to provide the City Parties with access to the Easement Premises so as to enable and permit the City Parties to perform and satisfy the City’s obligations (as to repair, maintenance and replacement) imposed under this Agreement. The City hereby covenants and agrees that, at all times, when any of the City Parties is exercising the rights granted under and with respect to the Shopping Center Access Easement and the Shopping Center Access Areas, none of the City Parties shall block any drive aisles that are located on or near the Shopping Center Access Areas, nor may any City Parties take any action (or fail to take any action) that may interfere with the normal and customary patterns of traffic flow throughout the Shopping Center. Attached hereto as Exhibit “D-1” and incorporated herein by this reference is the legal description of the Shopping Center Property. 3.City Maintenance Obligations. (a)Community Amenity Obligations. The City shall be responsible, at its sole cost and expense, for all of the following matters with respect to the Community Amenity Improvements (collectively, the “Amenity Maintenance Obligations”): (i)the care, maintenance, and replacement the landscaping located on the Easement Premises; (ii)the repair, maintenance, and replacement of any irrigation system servicing the Easement Premises (including assignment of the corresponding water meter account to the City); (iii)the repair, maintenance, and replacement of the amphitheater located on the Salo Park Property, the canopy shade structure thereon and its corresponding supports; (iv)the repair, maintenance, and replacement of all concrete, asphalt and bituminous stairs, sidewalks and paved pathways located on the Easement Premises, including, but not limited to, all snow and ice removal in accordance with the City’s ordinary policy for removing and snow and ice from City parks; (v)the repair, maintenance, and replacement of all lighting and electrical facilities located on or within the Easement Premises, including electrical costs relating thereto through two existing electrical meters which corresponding accounts shall be transferred to the City upon execution of this Agreement (which electrical and lighting facilities shall, at a minimum, be required to be lit from dusk until dawn); and