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WHEREAS, LESSEE joins in the execution hereof for the purposes of its consent,
<br /> approval, and acceptance of the Consent to Encroachment.
<br /> NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the promises
<br /> and covenants contained herein and for other good and valuable consideration, the receipt and
<br /> sufficiency of which are hereby acknowledged,the parties hereto agree as follows:
<br /> 1. Consent to Encroachment. Upon and subject to the terms and conditions set forth
<br /> herein, the CITY does hereby grant unto, its successors and assigns, the right to keep, maintain,
<br /> repair, replace, use, operate and reconstruct the Public Easement Improvements on, over, above
<br /> and across the Public Easement Area in connection with the use and operation of the
<br /> Improvements (collectively, the "Permitted Use"). The Public Easement Improvements shall be
<br /> limited to the areas as depicted on Exhibit C hereto and shall not be expanded or relocated within
<br /> the Public Easement Area without BUCKNER's prior written consent.
<br /> 2. Buckner Obligations. BUCKNER shall, at BUCKNER's sole cost and expense,
<br /> keep, maintain, repair, replace, use, operate and reconstruct the Public Easement Improvements
<br /> in a good, safe and orderly condition and in accordance with all applicable statutes, laws, codes,
<br /> rules, orders and ordinances. In the event BUCKNER fails to maintain and/or use the Public
<br /> Easement Improvements in accordance with the terms and conditions of this Consent within
<br /> thirty (30) days after written notice to BUCKNER, the CITY shall have the right to correct and
<br /> remedy such failure in a manner deemed reasonably necessary by the CITY and BUCKNER
<br /> shall reimburse the CITY for the actual, documented out-of-pocket costs incurred by the CITY to
<br /> cure such failure within thirty (30) days of the CITY's written request thereof to BUCKNER;
<br /> provided, however, the CITY shall have no obligation to BUCKNER or any other party to
<br /> perform any maintenance, repair or replacement with respect to the Public Easement
<br /> Improvements and/or the Public Easement Area.
<br /> 3. Extra Costs. In the event that any installation, reinstallation, relocation or repair
<br /> of any existing or future utility lines or utility improvements within the Public Easement Area on
<br /> the Real Estate owned by, constructed by or on behalf of the CITY at public expense is made
<br /> materially more costly solely by virtue of the construction, maintenance or existence of the
<br /> Public Easement Improvements and no reasonable alternative location is available for such
<br /> utility lines or utility improvements or their repair that would not result in such additional
<br /> material costs, BUCKNER shall pay to the CITY an additional reasonable amount equal to such
<br /> reasonable additional cost within 30 days after receipt of an itemized invoice therefor from THE
<br /> CITY, to the extent BUCKNER does not relocate the same to such a location that does not make
<br /> such installation,reinstallation, relocation or repair more costly.
<br /> 4. City Restrictions. The CITY acknowledges and agrees that the CITY shall not
<br /> have the right to remove or relocate any portion of the Public Easement Improvements without
<br /> the prior written consent of BUCKNER, which consent shall not be unreasonably withheld,
<br /> conditioned or denied. Notwithstanding the foregoing,the CITY may remove or alter all of parts
<br /> of the Public Easement Improvements when: a) reasonably necessary to prevent imminent threats
<br /> of injury to persons or damage to property as a result of the Public Easement Improvements'
<br /> location within the Public Easement Area; or b) after providing at least 30 days' written notice to
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