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PERIOD OF THE CONSTRUCTION OF THE BUILDINGS. OUINNEYS WILL RELEASE, <br /> HOLD HARMLESS, AND DEFEND CITY FOR ANY DAMAGES OR LIABILITIES <br /> ARISING OUT OF QUINNEYS' OR QUINNEYS' AGENT'S ACTIVITIES ON THE <br /> SUBJECT PROPERTIES. [RISK SERVICES TO REVIEW] <br /> 12. QUINNEYS HAVE NO RESPONSIBILITY TO CONSTRUCT IRON ROD <br /> FENCE AT WEST LINE OF PROPERTY. <br /> 13. THE PARTIES WILL GRANT EACH OTHER EASEMENTS OVER THEIR <br /> RESPECTIVE PROPERTIES AS NECESSARY FOR SEWER, STORM DRAINS, WATER, <br /> AND OTHER UTILITIES AT MUTUALLY AGREEABLE LOCATIONS. EASEMENTS <br /> SHALL ‘BE LOCATED, TO AVOID SIGNIFICANTLY RESTRICTING POSSIBLE .- Deleted:NOT <br /> CURRENT OR FUTURE USE OF EACH PROPERTY. [TEMPORARY USE OF WATER -- Deleted: IN SUCH A WAY THAT <br /> METER MAY BE OK DURING CONSTRUCTION IF UTILITY IS PAID BY USER] FROM WOULD <br /> THE PRELIM IT APPEARS THERE IS AN EXISTING WASTEWATER EASEMENT <br /> RUNNING NORTHERLY TO A LINE IN 14`14 THAT RUNS ALONG THE WEST LINE OF ---{Formatted:Superscript <br /> QUINNEYS PROPERTY ADJACENT TO THE CITY PARK PROPERTY—THIS WILL BE , Deleted:THE CITY WILL ALLOW <br /> BISECTING THE PARK PARCEL IN THE AFTER CONDITION. CAN THE QUINNEYS ` QUINNEYS TO CONNECT THE <br /> EXISTING STORM WATER LINE ON <br /> PROPERTY IN THE AFTER CONDITION BE SERVED TO HILYARD AND THEN PARK PROPERTY AND QUINNEYS <br /> RELEASE THE EASEMENT FROM PARKS PROPERTY?, WILL HAVE USE OF WATER METER <br /> SERVING THE HOUSE AT CORNER <br /> OF 14"h AND HILYARD,OR CREDIT <br /> 14. [REMOVE CLAUSE DUE TO PRACTICAL RESTRICTION OF FUTURE USE'- FORSAME. <br /> AND VALUE OF PROPERTY] Formatted:Bullets and Numbering <br /> • <br /> Deleted:CITY WILL GRANT <br /> 15. [REMOVE CLAUSE—NO ABILITY TO INFLUENCE SDC PROCEDURES]. QUINNEYS A VISUAL AND <br /> LIGHTING EASEMENT SO THAT NO <br /> BUILDINGS(EXCLUDING PARK <br /> 16. SINCE THE QUINNEYS ARE ON A TIGHT TIME SCHEDULE TO BUILD EQUIPMENT)MAY BE <br /> AND OPEN BEFORE FALL OF 2006, AND NEED TO START CONSTRUCTION BEFORE CONSTRUCTED WITHIN A STRIP OF <br /> PROPERTY RUNNING 20 FEET <br /> JANUARY 1, 2006, CITY WILL COOPERATE FULLY AND PROMPTLY IN NORTH OF THE SOUTHERN LINE OF <br /> FACILITATING THE PERMIT PROCESS TO THE EXTENT NEEDED AS A PARTY TO THE CITY PARK. <br /> QUINNEYS SHALL RECEIVE <br /> THE EXCHANGE. ,REMOVE SECOND SENTENCE — NO ABILITY TO INFLUENCE MAXIMUM SYSTEM <br /> PERMIT PROCEDURES OR TIMING] — WE ARE ABOUT PREPARED TO SUBMIT PLA •, DEVELOPMENT CREDITS(SDC'S) <br /> FOR ITS EXISTING BUILDINGS,AND <br /> APPLICATION THE CITY WILL ASSIST QUINNEYS <br /> IN REQUESTING A WAIVER OF ALL <br /> 17. THIS AGREEMENT SHALL BE BINDING ON AND INURE TO THE SDC'S R S DEPARTMENT <br /> QUINNEYS'BUILDINGS. <br /> THE <br /> THE PARKS DEPARTMENT OF THE <br /> BENEFIT OF THE PARTIES AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND CITY WILL WAIVE ITS RIGHTS TO <br /> ANY SDC <br /> ASSIGNS. Deleted:CITY AGREES TO <br /> PROCESS PERMIT APPLICATIONS <br /> 18. THE CAPTIONS AND HEADINGS USED IN THIS AGREEMENT ARE FOR BASED ON ADJUSTED PROPERTY <br /> REFERENCE ONLY AND SHALL NOT BE CONSTRUED TO DEFINE OR LIMIT THE LINES,AND WILL NOT REFUSE TO <br /> ACCEPT OR PROCESS BUILDING <br /> SCOPE OR CONTENT OF THIS AGREEMENT. PERMITS FOR THE INTENDED <br /> BUILDINGS,ASSUMING OUTRIGHT <br /> 19. THIS AGREEMENT CONTAINS THE FINAL AND ENTIRE ALLOWABLE USES. <br /> UNDERSTANDING BETWEEN QUINNEYS AND CITY WITH RESPECT TO ITS Deleted:PAGE <br /> SUBJECT MATTER AND IS INTENDED TO BE AN INTEGRATION OF ALL PRIOR 2 A0"-EXCHANGE <br /> NEGOTIATIONS AND UNDERSTANDINGS. QUINNEYS AND CITY SHALL NOT BE DeREEMENT DRAFT <br /> BOUND BY ANY TERMS, CONDITIONS, STATEMENTS, WARRANTIES, OR D el <br /> s 10/28/2005REPRESENTATIONS NOT CONTAINED IN THIS AGREEMENT. NO CHANGE OR Inserted:I0/28/200510/28/2005 <br /> - Deleted:10/28/200510/27/205 <br /> I PAGE 5--EXCHANGE AGREEMENT DRAFT 11/3/2005 <br />