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t <br /> WHEREAS,pursuant to the terms of the Donation Agreement, Grantee continues to own <br /> the Donation Property as of the Effective Date and remains obligated under the Donation <br /> Agreement to complete or cause the completion of certain reclamation work upon the Donation <br /> Property, all as a condition to Grantee's final conveyance and the City's final acceptance of the <br /> Donation Property following substantial completion of such reclamation work; <br /> WHEREAS, as disclosed in Section 15 "Access Easement And Fill Dirt Removal <br /> Agreement" of the Purchase Agreement, Grantor, Grantee and the City each recognize that in <br /> order for Grantee to complete or cause the completion of the reclamation work contemplated for <br /> the Donation Property as described in the Donation Agreement, Grantee or its contractors or <br /> other entity engaged to complete the reclamation work will be required to and shall have the <br /> right to enter upon those portions of the Buffer Property comprising the fill dirt borrow area (as <br /> identified in Exhibit C attached hereto, the "Fill Dirt Borrow Area") and the existing haul road, <br /> each of which are located upon the Buffer Property and each of which are legally described and <br /> depicted on Exhibit C attached hereto (collectively, the "Easement Area Property") to grade and <br /> extract fill dirt (the "Fill Dirt") from the Fill Dirt Borrow Area portion of the Easement Area <br /> Property; <br /> WHEREAS, in furtherance of all of the foregoing, Grantor now desires to grant and <br /> convey to Grantee a non-exclusive easement over and across the Easement Area Property, <br /> including the Fill Dirt Borrow Area and the existing haul road, all for the purpose of enabling <br /> Grantee, its employees, contractors, subcontractors, agents, successors and assigns to enter upon <br /> the Buffer Property and access the Easement Area Property, and to grade and remove Fill Dirt <br /> and related materials from the Fill Dirt Borrow Area portion of the Easement Area Property, all <br /> as more particularly specified herein and subject to the terms and provisions of this Agreement; <br /> WHEREAS, Grantor and Grantee further desire that the Easement (as defined herein): <br /> (1) run with and be a burden upon the Easement Area Property portion of the Buffer Property and <br /> be a benefit to Grantee, its employees, contractors, subcontractors, agents, successors and <br /> assigns, (ii) be appurtenant to and be a part of and benefit the Donation Property, and(iii) remain <br /> an Easement, burden and encumbrance upon the Easement Area Property portion of the Buffer <br /> Property, and Grantor and all successors and assigns of Grantor and Grantor's interest in and to <br /> the Easement Area Property portion of the Buffer Property for the term of the Easement; and <br /> WHEREAS, Grantor and Grantee are now entering into this Agreement in furtherance of <br /> the foregoing. <br /> \1CS-7608371000001-385320 v10 <br /> 7 <br />