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PROPERTY. THIS SUBPARAGRAPH DOES NOT APPLY TO TENANTS OF QUINNEYS. <br /> QUINNEYS MAY OPPOSE ANY PARK IlVIPROVEMENT WHERE QUINNEYS CAN <br /> SHOW IT WILL HAVE A SIGNIFICANT AND UNREASONABLE NEGATIVE IlVIPACT <br /> <br /> ~ ON THE NEW QUINNEYS' PARCEL BEYOND WHAT WOULD NORMALLY BE <br /> EXPECTED FOR PARK IlVIPROVEMENTS TYPICAL FOR A NEIGHBORHOOD PARK. <br /> E. BE GRANTED A TEMPORARY PERMIT, WITHOUT COST, BY THE <br /> CITY TO USE NEW CITY PARK PROPERTY FOR PURPOSES OF ACCESS, STAGING;, <br /> DEMOLITION AND CONSTRUCTION OF PROPOSED HOUSING. THIS PERMIT WILL <br /> EXPIRE ON OR BEFORE THE EARLIER OF: RECEIl'T BY QUINNEY OF PERMIT OF <br /> OCCUPANCY FOR PROPOSED HOUSING, OR SEPTEMBER 30, 2007. -THE PERMIT <br /> SHALL INCLUDE A MUTUAL HOLD HARMLESS. AGREEMENT AND THE <br /> CONTINiJATION OF ADEQUATE LIABILITY INSURANCE COVERAGE FOR EACH <br /> PARTY'S RESPECTIVE PROPERTY. <br /> F: FOLLOWING TERMINATION OF THE USE PERMIT, LEAVE <br /> CONVEYED QUINNEY PROPERTY FREE AND CLEAR OF ALL ENCUMBRANCES, <br /> EXCEPT EASEMENTS AS MUTUALLY AGREED UPON AND THE RIGHT OF FIRST <br /> REFUSAL DEFINED IN ATTACHMENT 4, AND INCLUDING THE FOLLOWING: <br /> 1. CONVEYED QUINNEY PROPERTY SHALL BE FREE OF. <br /> BUILDINGS, FOUNDATIONS, .FOOTINGS, TANKS, AND OTHER <br /> IlVIPROVEMENTS OUfiSIDE THE RIGHT OF SWAY. THE REMAINING <br /> PART OF THE NEW CITY. PARK SHALL BE FREE OF OTHER <br /> IlVIPROVEMENTS OUTSIDE. THE RIGHT OF WAY. <br /> 2. ALI, GAS LINES SHALL BE REMOVED FROM THE <br /> CONVEYED QUINNEY PROPERTY AND APPROPRIATELY <br /> DECOMMISSIONED. EXISTING WATER AND ELECTRIC SERVICE <br /> LINES SHALL BE REMOVED FROM CONVEYED QUINNEY PROPERTY, <br /> CAPPED AT THE METER AND PRESERVED FOR FUTURE SERVICE. <br /> 3. NEW CITY. PARK PROPERTY SHALL BE FREE OF DEBRIS, <br /> INCLUDING ALL DEMOLITION AND CONSTRUCTION MATERIALS <br /> INCLUDING CHEMICALS SUCH AS PAINT, SOLVENTS, FUEL, <br /> CLEANING AGENTS, ETC. NO MATERIALS MAY BE BURIED ON SITE. <br /> 4. NEW CITY PARK PROPERTY SHALL BE GENERALLY <br /> SMOOTH AND GRADED AT 2% TOWARDS THE STREET EDGES OF THE <br /> PROPERTY, SHALL MATCH GRADES ON ADJACENT PROPERTIES, AND <br /> SHALL BE FREE OF DEPRESSIONS, HOLES, RUTS, LUMPS, MOUNDS OR <br /> OTHER GRADE iRRRGULARITIES GREATER THAN 6" IN HEIGHT. <br /> G. BE GIVEN THE RIGHT OF FIRST REFUSAL 'TO PURCHASE THE <br /> NEW CITY PARK PROPERTY IN THE EVENT CITY DECIDES TO SELL NEW CITY <br /> PARK IN THE FUTURE, IN ACCORDANCE WITH THE AGREEMENT IN EXHIBIT 4. <br /> PAGE 3--EXCHANGE AGREEMENT 4/10/2006 <br /> <br />