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i <br />EASEMENT FOR TEN YEARS <br />AND <br />AGREEMENT FOR COMMERCIAL USE OF MUNICIPAL PROPERTY <br />KNOW ALL PERSONS by these presents -that the City of Eugene ( "City "), a municipal <br />corporation of the State of Oregon, grants to AT &T Corp. ( "AT &T" or "Grantee') an easement for <br />10 years under the following terms, and conditions: <br />RECITALS <br />A. City owns real property identified in Exhibits A & B (written descrption) and Exhibits A & <br />B (aerial photos) and holds that property for park purposes, to be used for passive recreation. <br />B. AT &T currently occupies a portion of the property described in Exhibits A & B pursuant to <br />Revocable Permit No. 8651275, Contract No. 86001054. Pursuant to notice given by City on <br />April 23, 1999, the Permit will terminate on April 22, 2000. <br />C. The parties wish to convert the Revocable Permit for use of the property described in <br />Exhibits A & B to an easement at a specific location on the property described in Exhibits A & B, <br />provide for a 10 year term for the easement, and revise the conditions related to AT &T's use of the <br />easement. <br />AGREEMENT <br />1. Grant of Easement City grants to AT &T an easement to continue to locate existing <br />telecommunications facilities consisting of underground cables, wires, conduits, poles, equipment, <br />appliances and appurtenances upon, across and under the property described in Exhibits A & B (the <br />`easement ") attached hereto and incorporated herein by this reference, subject to the terms. <br />conditions and termination rights set forth below. <br />2. Expiration The easement shall expire on April 30, 2010; unless it has previously been <br />terminated in accordance with paragraph 3 below. <br />3. City's Right to Terminate City may terminate this easement if Grantee removes the <br />facilities and does not replace them within 180 days. City may also terminate this easement if <br />Grantee fails to comply with any of its material obligations listed in this Agreement and fails to cure <br />its default and bring itself into full compliance within 30 days following City's issuance of written <br />notice informing Grantee of the obligation with which it has failed to comply or, if such 30 -day <br />period is impracticable due to the nature of the problem impacting the obligation, such other time <br />period as the parties may agree. <br />Easement for Ten Years and Agreement <br />for Commercial Use of Municipal Property - 1 <br />