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f <br />EASEMENT AGREEMENT <br />RECITALS: <br />A. GIUSTINA LAND & TIMBER <br />"Giustina") is the owner of the real property, <br />incorporated herein. <br />CO. LIMITED PARTNERSHIP (hereinafter <br />described on Exhibit A attached hereto and <br />B. CITY OF EUGENE (hereinafter "Eugene"), owns or leases a <br />communications facility at the top of Mt. Hagan located in the NE1/4, Section 35, <br />Township 16 South, Range 3 East, Willamette Meridian, and desires access to this <br />facility over an existing road (hereinafter the "Road") located on Giustina's real property <br />and shown as a bold line on the map marked Exhibit B attached hereto and <br />incorporated herein. The Road is generally reached by traversing other real property <br />owned by Giustina on roads owned or controlled by the U.S. Forest Service <br />C. Eugene needs an easement for ingress and egress to its Mt. Hagan <br />communications facility over the Road and Giustina is willing to grant an easement on <br />the terms and conditions hereinafter set forth. <br />NOW THEREFORE, in consideration of the foregoing recitals which are hereby <br />made a part of this Easement Agreement (hereinafter "Agreement"), and of the mutual <br />agreements, provisions, and covenants contained herein, Giustina and Eugene agree <br />as follows: <br />AGREEMENT: <br />1. Grant. Subject to all matters of public record, Giustina hereby grants <br />Eugene for a term of 5 years commencing June 1, 2005, and expiring April 30, 2010, <br />unless City exercises an option to extend, (Eugene may elect to renew the term of this <br />Agreement for an additional period of 5 years by notifying Giustina not earlier than 180 <br />days and not later than 60 days before the expiration of the original term. The parties <br />shall meet within 30 days of notification to agree upon the fair market value of the fee <br />for the renewal term. If the parties fail to agree by 30 days before the expiration of the <br />original term, the fee shall be set by arbitration as herein provided. In no event shall the <br />fee for the renewal term under this Agreement be less than $2,750, plus 4% <br />compounded annually nor shall it be greater than $2,750 plus 10% compounded <br />annually from April 15, 2006), a nonexclusive right to use the Road for access to its <br />communications facility at the top of Mt Hagan. Eugene's agents and independent <br />contractors are authorized to use the Road in connection with Eugene's exercise of the <br />rights granted to it, subject to the terms of this Agreement. <br />EASEMENT AGREEMENT <br />Z <br />q <br />