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3. Grant of a Temporary Construction Easement. HRA grants to the City a temporary, non - exclusive easement over and across a portion of the HRA Property that is depicted on the attached Exhibit B -1 and legally described on the attached Exhibit B -2 and (the "Construction Easement Area ") to permit the City to use the Construction Easement Area for the staging materials and equipment to be used in the construction of the realigned Sunwood Drive and for any other purposes related to such construction (the "Temporary Construction Easement "). The Temporary Construction Easement shall automatically terminate and be of no further force and effect as of , 20_, without any further action by the parties hereto. 4. Removal of Soil. The HRA grants the City the right to remove up to cubic yards of soil from the portion of the HRA Property legally described on the attached Exhibit C for use in connection with the construction of the realigned Sunwood Drive and the grading of the adjacent, unimproved right of way; provided that the City's right to remove such soils terminates on , 2 0 . 5. Grading. The City agrees to grade the portion of the HRA Property legally described on the attached Exhibit D -1 in conformance with the grading plans described on the attached Exhibit D -2 (the "Grading Plans ") and to complete such grading on or before , 20 . 6. Compliance with Laws and Indemnification. The City agrees that it will exercise its rights and perform its obligations under Sections 4 and 5 in a manner that complies with all applicable federal, state and local statutes, laws, ordinances, rules and regulations and with the erosion control and restoration requirements, if any, set forth in the Grading Plans. The City agrees to indemnify and defend the HRA against and to hold the HRA harmless from any and all third party claims arising out of or in any way relating to the City's exercise of its rights and performance of its obligations under this Agreement. 7. Miscellaneous. 7.1 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns. 7.2 Remedies and Enforcement. In the event of a breach of any term of this Agreement, the non - breaching party shall have the right to exercise any and all remedies afforded under law and at equity. 7.3 Amendment. This Agreement may be modified or amended, in whole or in part, only by the written consent of the parties hereto, evidenced by a document that has been fully executed and acknowledged by the duly authorized representatives of each party hereto. 7.4 No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 7.5 Severability. If any covenant, condition, provision, or term of this Agreement is, to any extent, held invalid or unenforceable, the remaining portion thereof and all 4610026v1 2