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1. Easement. Hopyard hereby grants to City an <br />easement ("Secondary Easement") for the purposes of access <br />to the Parking Facility and to the Canal Area. The Secon- <br />dary Easement shall be twenty-four feet (24') in width and <br />shall consist of a portion of Hopyard Center ("Secondary <br />Easement Area") that is paved and improved for automobile <br />access, connecting Valley Avenue to the Parking Facility or <br />Canal Area, as more particularly described in Exhibit 3, <br />attached hereto. This Secondary Easement Area shall be <br />nonexclusive with respect to Hopyard and patrons of Hopyard <br />Center. The Easement shall be used by City solely for <br />access to the Parking Facility and the Canal Area. <br /> <br /> 2. Construction and Maintenance. Hopyard shall <br />construct the paved portions of the Secondary Easement Area <br />and shall maintain the Secondary Easement Area in good <br />condition. Hopyard shall have the right to use the Second- <br />ary Easement Area for any purpose not inconsistent with <br />City's use thereof. <br /> <br /> 3. Duration. This Easement is perpetual and <br />shall not terminate or be extinguished by non-use or aban- <br />donment. <br /> <br /> 4. Use of Easement. City shall not build or <br />place on the Secondary Easement Area any permanent or tem- <br />porary above-ground structure or use the Easement for any <br />purpose other than access to the Parking Facility and access <br /> <br />to the Canal Area. Use of the Hopyard Easement Area for <br /> <br /> 3. <br /> K559-26-E/31Ju186/a <br /> <br /> <br />