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(k) Recital Eleven. This Agreement obligates the owner of each Parcel in Parking District A to pay the City for costs the City has or will incur to maintain, repair and replace the District A Parking Improvements based on the fractional share of liability assigned to that Parcel in the District A Parking Plan. (1) Recital Twelve. This Agreement also grants the owner of each Parcel in Parking District A an appurtenant, non-exclusive easement to use the number of parking spaces in the District A Parking Improvements that the District A Parking Plan allocates to that Parcel except that this Agreement grants the owner of Lot 3, Block 1, COR ONE, Anoka County, Minnesota ("Lot 3") an appurtenant, exclusive easement to use the 275 stalls that are located within the portion of the District A Parking Improvements and the District A Parking Parcel depicted on Exhibit D-1 (the "Exclusive Easement Area"). After the City completes construction of the Ramp A Addition, the City will survey the Exclusive Easement Area, and the City and the owner of Lot 3 must execute an amendment to this Agreement to add the legal description of the Exclusive Easement Area as Exhibit D-2. From and after the recording of that amendment the term Exclusive Easement Area shall mean the area legally described on Exhibit D-2 and in the event of any conflict between Exhibit D-1 and Exhibit D-2, Exhibit D-2 shall control. 4. Declaration and Grant of Easements. (a) Non -Exclusive Easements. The City hereby declares and grants a non- exclusive, appurtenant easement over the portion of District A Parking Parcel and the portion of the District A Parking Improvements that are not located within the boundaries of the Exclusive Easement Area (the "Public Parking Areas") for the benefit of each Parcel to permit the owner of each Parcel, each owners' tenants and each owners' and each owner's tenants' employees, customers, agents, guests and invitees to use, on a first -come, first -served basis and in common with members of the public, the number of parking spaces in the Public Parking Areas that the District A Parking Plan allocates to such owner's Parcel and to use the driveways and pedestrian elevators, stairways, sidewalks and walkways that are a part of the District A Parking Improvements. The easement is to permit the parking of vehicles of a size not to exceed the design parameters of the District A Parking Improvements and for pedestrian access to and from such vehicles. Notwithstanding anything else in this Section 4.1, the non-exclusive easement granted in this Section 4.1 only entitles the owner of Lot 3, such owners' tenants and such owners' and such owners' tenants' employees, customers, agents, guest and invitees to use the number of spaces that is equal to the total number of parking spaces the District A Parking Plan allocates to Lot 3 less the number of "Exclusive Use Stalls," as defined in Section 4.2. The easement set forth in this Section 4.1 does not give the benefitted parties a right to use any specific, designated spaces and does not give the benefitted parties any priority over members of the public or other benefitted parties with respect to the use of available spaces. The number of parking spaces the District A Parking Plan allocates to each Parcel may change as a result of subsequent amendments to the District A Parking Plan, but the City Council may not approve an amendment to the District A Parking Plan that increases or decreases the number of parking stalls allocated to a Parcel without the written consent of the owner of the Parcel. (b) Exclusive Easement. The City hereby declares and grants an exclusive, appurtenant easement over the Exclusive Easement Area for the benefit of Lot 3. The easement 3 4533011v2