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e.t: woi F9 i iii i24~41 D DF'R 2441 i S41 Notwithstanding any of the foregoing appeazing to the contrary, it is expressly agreed that the Declaration shall contain the following easements and agreements, all of which shall be in form and content acceptable to the City in its reasonable discretion: (i) an agreement that the Hotel Site shall be constructed to include no less than 542 pazking spaces and that the Conference Center Site shall be constructed to include no less than 217 pazking spaces together with non-exclusive cross-parking and access easements, whereby the pazking areas and all access drives and rights of way providing access to said pazking areas, and the adjoining public roads, on each of the Hotel Site and the Conference Center Site will be made available for use by the owners, tenants, guests and invitees of the other property without restriction or limitation of any kind; (ii) non-exclusive easements covering the interior and exterior loading azeas for the Project as shown on the Site Plan and so much of the driveway area around same as may be reasonably necessary for truck access to and from the loading azeas of the Project for loading and unloading equipment and other material therefrom together with an agreement that neither party shall close or obstruct the portions of such areas located on its respective site unless it fast replaces same with a suitable substitute or such portions aze no longer required to provide reasonable access to such loading areas. While each of the Hotel and Conference Center will have its own loading dock and bay, the Declaration will also include a joint use agreement whereby the loading dock and bay on each of the Hotel Site and Conference Center Site may be used by the owners, tenants, guests, employees, agents, and contractors of the other property at times same is not being utilized by the owners, tenants, guests, employees agents, and/or contractors of the property on which such bay is constructed. In addition, the service courtyard and trash facilities for the Project aze located on the Hotel Site, and to this end, JQH shall be obligated to grant City and any successor owners and/or operators of the Conference Center anon-exclusive easement over the entire service courtyard and a right to use the facilities located thereon on an equal and non-discriminatory basis with the operator of the Hotel, including, without limitation, the right to use the garbage compactor/dumpster and other rubbish facilities located thereon; (iii) non-exclusive easements in, to, over and across all lobby and common corridor azeas of the Hotel and Conference Center (excluding guest rooms, meeting rooms, banquet facilities, kitchens and other back of the house areas [other than the loading docks as set forth above]) for the reasonable use and enjoyment thereof by the owner of the other site, and its employees, agents, tenants, guests and invitees, to facilitate the normal operation of a combined Hotel and Conference Center project; and (iv) to the extent the Project is designed with a storm water drainage system that calls for portions of either the Hotel Site or Conference Center Site to drain to the other, such non-exclusive easements as may be reasonably necessary for the drainage systems to function as designed, including easements for the use of such systems, and easements for access on, through, and across each site which will be accepting storm water drainage from the other as part of the drainage systems on such site (including pipes, culverts, catch basins, curbs, gutters and retention ponds). 14 803273.4