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<br />Bk Vol pg <br />05014504 OPR 2692 576 <br /> <br />Paragraph 3 is hereby amended and restated to read as follows: <br /> <br />3. City's Retained Rights; Covenant and Restriction. <br /> <br />A. The City retains the right to use and enjoy the Easement Area in all ways, <br />subject to the restrictions imposed by the purposes of this Easement and the <br />Authority's rights as described above. The City agrees to provide the Authority <br />with plans to implement any of the retained uses at least 90 days prior to <br />construction. The Authority may use the procedures in Section 2.G. if it <br />determines any of the planned use would violate the provisions or purposes of this <br />easement. These retained uses include, the following: <br /> <br />(i) the construction, operation and maintenance of one or more <br />interpretive centers (including gift/snack shops) related to the natural <br />features and ecology of the Easement area; <br /> <br />(ii) the construction, operation and maintenance of storage buildings <br />and facilities related to the maintenance of the Easement Area; <br /> <br />(iii) the construction, operation and maintenance of trailheads, <br />including restroom, picnic and camping facilities; <br /> <br />(iv) the construction, operation and maintenance of access roads and <br />parking facilities for interpretive centers and trailheads; <br /> <br />(v) the construction, operation and maintenance of trails; and <br /> <br />(vi) the construction, operation, maintenance, repair, and future <br />replacement (if needed) of a below grade potable water main <br />pipeline in the eastern portion of the Easement Area. <br /> <br />B. This Amended Conservation Easement shall constitute a covenant and <br />restriction running with the title to the Easement Area, binding on the City <br />and the City's successors and assigns and enuring to the benefit of the <br />Authority and the Authority's successors and assigns. <br /> <br />In all other respects except as specifically set forth herein, the original Conservation <br />Easement remains in full force and effect. <br /> <br />[ Signature Page Follows] <br /> <br />Page 2 of 4 <br /> <br />C:\Documents and Settings\taylor_mark\My Documents\realprop\EAA Cons Eas Amdmt 1 3-25-0S.doc <br />