Common use of Easement Premises Clause in Contracts

Easement Premises. Developer hereby grants and conveys to the City, for the benefit of the City, its employees, contractors, and agents, (i) a non-exclusive, perpetual easement over, across and upon those portions of the real property described on Exhibit A-2 attached hereto and depicted on Exhibit B attached hereto situate in the City of Edina, County of Hennepin, State of Minnesota (the “Trash Facility Premises”) for the purpose of disposing of, collecting, storing, and facilitating the removal of trash, refuse, debris, filth, recyclable materials (including organic recycling materials) and such other ordinary waste products generated by the “Licensed Parties” (as defined below) within the “Serviced Buildings” (collectively “Waste”), in accordance with and subject to the terms and conditions of this Agreement and (b) a non- exclusive, perpetual easement over, across, upon and through all exterior means of pedestrian and vehicular access to and from public rights of way, streets, alleys, public spaces, and easements appurtenant and/or used in connection with the Trash Facility Premises immediately adjoining or contiguous to the Trash Facility Premises, which such driveways, exterior sidewalks, alley ways, woonerfs and corridors providing such means of access to the Trash Facility Premises from the Serviced Building are as depicted on Exhibit B attached hereto (collectively, the “Access Premises”, and together with the Trash Facility Premises, collectively the “Easement Premises”), all in accordance with and subject to the terms and conditions of this Agreement. Subject to the terms of this Agreement, the City may grant licenses for the use of the Easement Premises to the owners, tenants, and subtenants of the UG Parking Element, the North Ramp (including the North Ramp Improvements), the Shared Plaza Element, the North Site Commercial Elements, the South Site Commercial Elements and, subject to Section 2.2 below, the existing buildings located on the city block bordered by ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Avenue, Market Street and France Avenue (collectively, the “Serviced Buildings”) (each a “Licensed Party”, and collectively, the “Licensed Parties”). Before any Licensed Party is given the means to access the Easement Premises and use Market Street Trash Facility, the Licensed Party must sign a reasonable license agreement which shall obligate such Licensed Party to use the Market Street Trash Facility in accordance with the terms and conditions of this Agreement and shall include reasonable indemnification provisions by which such Licensed Party will be responsible for all claims, demands, actions, damages, costs, expenses, attorneys’ fees, and liability (including costs of “Maintenance Work”) arising from the negligence, willful misconduct, or violation of the requirements of this Agreement or the license agreement by such Licensed Party, its employees, agents, and invitees in connection with the use of the Easement Premises.

Easement Premises. Developer Owner hereby grants and conveys to the City, for the benefit of the City, its employees, contractors, City and agents, the general public: (ia) a non-exclusive, perpetual public easement over, across across, upon and upon those portions of through the real property described on Exhibit A-2 attached hereto Plaza Property, together with and depicted on Exhibit B attached hereto situate in including all (i) surface improvements now or hereafter located thereon, including, without limitation, all paving, sidewalks, pathways, retaining walls, and other hardscapes and (ii) all amenities, components and fixtures now or hereafter located thereon, including, without limitation, all lighting, water features, benches, tables, chairs, fences, planters and plantings, trees, shrubs, landscaping, irrigation systems, and signage, all as required by, or reasonably inferable from, the City of EdinaFinal Development Plan, County of HennepinDevelopment Contract, State of Minnesota and the Contract (collectively, the “Trash Facility Plaza Premises”) for the purpose of disposing ofthe general public utilizing the Plaza Premises and its components for their respective intended purposes, collecting, storing, including use as public gathering and facilitating the removal of trash, refuse, debris, filth, recyclable materials (including organic recycling materials) and such other ordinary waste products generated by the “Licensed Parties” (as defined below) within the “Serviced Buildings” (collectively “Waste”)event space, in accordance with and subject to the terms and conditions of this Agreement and Agreement, and (b) a non- non-exclusive, perpetual public easement over, across, upon and through all exterior means those certain portions of the Project Area which provide pedestrian and vehicular access to and from public rights of way, streets, alleys, public spaces, and easements appurtenant and/or used in connection with the Trash Facility Plaza Premises immediately located on the Project Area and adjoining or contiguous to the Trash Facility Plaza Premises, which such including all roads, driveways, parking lots, exterior sidewalksconcourses, alley wayspassageways, woonerfs sidewalks and corridors stairways providing such means of access to the Trash Facility Premises from the Serviced Building are access, all as depicted on the attached Exhibit B attached hereto (collectively, the “Access Premises”, and together with the Trash Facility Plaza Premises, collectively the “Easement Premises”), all in accordance with and subject to the terms and conditions of this Agreement. Subject to the terms of this Agreement, the City may grant licenses for the use of the Easement Premises to the owners, tenants, and subtenants of the UG Parking Element, the North Ramp (including the North Ramp Improvements), the Shared Plaza Element, the North Site Commercial Elements, the South Site Commercial Elements and, subject to Section 2.2 below, the existing buildings located on the city block bordered by ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Avenue, Market Street and France Avenue (collectively, the “Serviced Buildings”) (each a “Licensed Party”, and collectively, the “Licensed Parties”). Before any Licensed Party is given the means to access the Easement Premises and use Market Street Trash Facility, the Licensed Party must sign a reasonable license agreement which shall obligate such Licensed Party to use the Market Street Trash Facility in accordance with the terms and conditions of this Agreement and shall include reasonable indemnification provisions by which such Licensed Party will be responsible for all claims, demands, actions, damages, costs, expenses, attorneys’ fees, and liability (including costs of “Maintenance Work”) arising from the negligence, willful misconduct, or violation of the requirements of this Agreement or the license agreement by such Licensed Party, its employees, agents, and invitees in connection with the use of the Easement Premises.