Common use of Easement Premises Clause in Contracts

Easement Premises. Owner hereby grants and conveys to the City, for the benefit of the City and the general public: (a) a non-exclusive, perpetual public easement over, across, upon and through the Public Parking Area, together with and including all ancillary amenities, components, and fixtures located thereon and therein for the users of the Public Parking in general and as required by the Final Development Plan, Development Contract and the Contract (e.g., bike racks, bike repair facilities and equipment, EV charging stations) (collectively, the “Parking Premises”), for the purpose of the general public utilizing the Public Parking for vehicular parking and utilizing such ancillary amenities, if any, all in accordance with and subject to the terms and conditions of this Agreement; and (b) a non-exclusive, perpetual public easement over, across, upon and through all 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 Parking Premises, located on the Redevelopment Area and adjoining or contiguous to the Parking Premises, including all roads, driveways, parking lots, exterior concourses, passageways, sidewalks and stairways providing such means of access (but excluding all such areas or means of access intended to serve as exclusively private access to, or for the sole benefit of, the other commercial and/or residential elements of the Minimum Improvements) (collectively, the “Access Premises”, and together with the Parking Premises, collectively the “Easement Premises”), all in accordance with and subject to the terms and conditions of this Agreement.

Easement Premises. Owner Developer hereby grants and conveys to the City, for the benefit of the City and the general public: (a) a non-exclusiveCity, perpetual public easement over, across, upon and through the Public Parking Area, together with and including all ancillary amenities, components, and fixtures located thereon and therein for the users of the Public Parking in general and as required by the Final Development Plan, Development Contract and the Contract (e.g., bike racks, bike repair facilities and equipment, EV charging stations) (collectively, the “Parking Premises”), for the purpose of the general public utilizing the Public Parking for vehicular parking and utilizing such ancillary amenities, if any, all each in accordance with and subject to the terms and conditions of this Agreement; and, (a) an exclusive, perpetual public easement over, across, upon and through Market Street Plaza for the purpose of utilizing Market Street Plaza and all the amenities located therein and thereon for their respective intended purposes, including use as public gathering and event space; (b) a non-exclusive, perpetual public easement over, across, upon and through all means of the Woonerfs for (i) pedestrian and vehicular access to and from public rights of way, streets, alleys, public spaces, and easements appurtenant and/or used in connection with private buildings or businesses, and (ii) public gathering and event spaces, subject to the Parking Premisesterms and conditions of Section 3.3; and (c) a non-exclusive, located on perpetual public easement over, across, upon and through the Redevelopment Area Sidewalks for (i) pedestrian access to and from public rights of way, streets, alleys, public spaces, and private buildings or businesses immediately adjoining or contiguous to the Parking PremisesSidewalks, including all roads, driveways, parking lots, exterior concourses, passageways, sidewalks and stairways providing such means of access and intended for use by the public, and (ii) public gathering and event spaces, subject to the terms and conditions of Section 3.2, but in either case excluding all such areas or means of access intended to serve as exclusively private access to, or for the sole benefit of, the other commercial and/or residential elements South Site Vertical Improvements. The real property encumbered by the foregoing grants of the Minimum Improvements) (collectivelyeasements for Market Street Plaza, the “Access Premises”Woonerfs and the Sidewalks, is depicted on Exhibit B attached hereto and together with the Parking Premises, is collectively referred to herein as the “Easement Premises”), all in accordance with and subject to the terms and conditions of this Agreement.