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- 2. Easement Parcel. The legal description of the Easement Parcel is attached to and <br /> made apart of this Permanent Easement Agreement ("Agreement") as Exhibit "A", to correctly <br /> note the section of Grantor's property that is encumbered by this Agreement. From and after the <br /> date of this Agreement, only the Easement Parcel shall be subject to, and burdened and <br /> encumbered by,the terms and provisions of this Agreement. <br /> 3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive permanent <br /> easement ("Easement") in favor of the Grantee over, across, under and through the Easement <br /> Parcel, as more thoroughly described in Exhibit"A", for the construction and maintenance of the <br /> Pedestrian Bridge. The Grantor further grants to Grantee the permission to use the Easement <br /> Parcel to install landscaping, sidewalks, utilities and street furniture. <br /> 4. Improvements. Grantee agrees to construct the following improvements on the <br /> Grantor's Easement Parcel and adjacent area: a) sidewalks; b) landscaping; and c) installation of <br /> utilities and street furniture. <br /> 5. Restoration of Property. Grantee and its agents shall be responsible for restoring <br /> the Grantor's property in the same or similar condition that it was before the construction of <br /> improvements set forth in Section 4. <br /> 6. Maintenance of Easement Parcel. Grantee shall be responsible for maintaining the <br /> Easement Parcel (including any and all improvements which may be,constructed thereon from <br /> time to time) after the conclusion of the activities described in Section 4 above have been <br /> complete. Notwithstanding the foregoing, the Grantee shall be required to restore any property <br /> damaged during the construction of the Pedestrian Bridge. Additionally, Grantee agrees to the <br /> following: <br /> a. Grantee shall use its best effort to minimize any excessive noise or dust that is <br /> generated from construction activities performed on the Easement Parcel. To <br /> the extent possible, the Grantee shall remedy any noise or dust complaints <br /> filed by the Grantor. <br /> b. Grantee shall take all necessary measures to prevent rodent and vermin <br /> infestation during the construction activities. To the extent possible, the <br /> Grantee shall remedy any complaints filed by the Grantor regarding rodent <br /> and vermin infestation. <br /> 7. Compliance with Laws. The beneficiaries of the Easement shall at all times <br /> observe in the use of the Easement Parcel all applicable municipal, county, state and federal <br /> laws, ordinances, codes, statutes, rules and regulations. <br /> 8. Reservation. Grantor hereby reserves all rights of ownership in and to the <br /> Easement Parcel which are not inconsistent with the Easement, including limitation: (a) the right <br /> to grant further non-exclusive easements on, over/or across the Easement Parcel, and (b)the right <br /> to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted <br /> herein. <br /> Page 2 of 5 <br />