10-22-12 Council Agenda & Packet

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• unreasonably withheld), one or more Pedestrian Crossings to help facilitate safe pedestrian crossing to and from the School Parcel. • 3. Reciprocal Easement. As of the Effective Date (and prior to the grant of rights under this Agreement), BHC conveys to ND by quit-claim deed(the"Deed"),approximately .23 acres of property located between the School Parcel and Access Easement Area which is legally described on Exhibit E (the ".23 Acre Section"). As of the Effective Date, ND grants to BHC and its successors and assigns, a non-exclusive ingress, egress and use easement over the .23 Acre Section, to allow unrestricted pedestrian and vehicular access onto, from and between the Back 14 Acres, property to the North of the Back 14 acres, the Parking Easement Area and any adjoining public rights of way for use by BHC and HCC and their respective successors and assigns,affiliates, students, employees, agents, Iicensees and invitees,until such time (if ever) as the Private Driveway within the Access Easement Area is connected directly to Angela Boulevard by a curb-cut access point which Grantee will support in any reasonable way. requested,by BHC. The Grantee covenants and agrees that it will fully approve the closing of the curb-cut/access point located within the .23 Acre Section if required or otherwise requested by BHC in connection with such closure and realignment or improvement of the Private Driveway by BHC, at its expense, which connects the same to Angela Boulevard. In addition,the Grantee is permitted to close such curb-cut/access point located within the .23 Acre Section (and the use of the .23 Acre Section), at its expense, in the event it relocates the same within the Access Easement Area to connect the Private Driveway to Angela Boulevard. The Grantee, at is sole expense shall repair and maintain the .23 Acre Section in good and safe condition for so long as it is used for ingress/egress to Angela Boulevard. 4. Parking Easement. As of the Effective Date,subject to the limitations contained herein, Grantor grants to Grantee and its successors and assigns, for use by Grantee, its employees, students, agents, licensees and invitees (in common with use shared by Grantor and HCC except as otherwise provided below), a permanent and non-exclusive ingress, egress and parking use easement, over, through and across the Parking Easement Area to access the Parking Easement Area from the Access Easement Area and/or any public right of way and to use the same for general parking purposes(the"Parking Easement"). (a) Use. The Parties agree that with respect to the Parking Easement: (i) Prior to the Expanded Use Date, all parking spaces located within the Parking Easement Area (and outside of the Access Easement Area) will be available for shared use by Grantee, Grantor and HCC;'and (ii) Unless otherwise agreed by the parties, from and after the Expanded Use Date, the (1) row of parking spaces (totaling approximately 21 spaces) located on the western-most portion of the Parking Easement Area shall be reserved for the exclusive use to serve the Back 14 Acres; and (2)remainder of the parking spaces located within the Parking Easement Area shall be reserved for the exclusive use to serve the School Parcel. (b) Termination of Parking Easement. The Parties agree that the Parking Easement granted hereunder shall remain in effect for the benefit of the School Parcel so GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 4