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05/27/99 Neier/Reciprocal Easement0_.7- 5_1� ao 199736015190 RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this Z4 day of December, 1997, by and between CITY OF KALISPELL, a municipal corporation ("City"), and RSI, L.L.C., a Washington limited liability company being qualified in Montana, the sole initial member of which is ROSAUERS SUPERMARKETS, INC., a Washington corporation ("RSI"). RECITALS A. City is the owner of Lot 1, Daley Field Subdivision, located in the NW 1/4 of Section 20, T28N, R21W, P.M.M., Kalispell, Flathead County, Montana ("City Property"). City also owns Lot 3, Daley Field Subdivision ("Lot 3"). B. RSI is the owner of Lot 2, Daley Field Subdivision, located in the NW 1/4 of Section 20, T28N, R21 W, P.M.M. , Kalispell, Flathead County, Montana ("RSI Property"). C. City and RSI wish to grant to one another an easement upon Lots 1 and 2, Daley Field Subdivision, to construct and maintain a private road serving both of their properties. To that end, they are entering into this Reciprocal I Easement and Maintenance Agreement. IQJ O F1.2With I. O kuGRANT OF RECIPROCAL EASEMENTS y grants to RSI, and RSI hereby grants to City, an easement as described herein. q ct to the grant by the City: e Benefitted Property shall be the RSI Property. 1.2.2 The Burdened Property shall be a thirty (30) foot strip of land lying immediately north of and contiguous to the southern boundary of Lot 1, Daley Field Subdivision. EASEMENT AND AGREEMENT - 1 post -IV Fax Note Co./Dept. Phone # 7671 Date pages® From �H Co. Phone # „ Fax # 1.997360151g0 1.3 With respect to the grant by RSI: 1.3.1 The Benefitted Property shall be Lot 1, Daley Field Subdivision; 1.3.2 The Burdened Property shall be a thirty (30) foot strip of land lying immediately south of and contiguous to the northern boundary of the RSI Property. 1.4 In consideration of the reciprocal covenants described herein, and the other benefits flowing from this Agreement, each party hereby grants to the other, and such other parties' heirs, personal representatives, successors, and assigns, a nonexclusive easement over, under, and across the Burdened Property in order to construct and maintain a private road for ingress and egress of such other party, its lessee(s), and its and its lessee's officers, directors, employees, agents, tenants, contractors, and invitees, to the Benefitted Property. This Easement shall be a perpetual easement and shall run with the land. 1.5 This Easement and the right to use the Burdened Property shall be nonexclusive. Each Grantor hereby retains, and shall have the right to the use of the Burdened Property, and the right to grant to other parties and property owners the right to use the Burdened Property, for ingress and egress, service, maintenance, and for other uses, provided such other uses will not unreasonably interfere with the use of the Burdened Property by each Grantee as described herein. Each Grantor reserves, and shall have the right to install, connect, and maintain, from time to time, in such Grantor's Burdened Property, utility lines and pipes, telephone lines and conduits, and light poles, and to use such Grantor's Burdened Property for other purposes, provided such uses for other purposes shall not unreasonably interfere with each Grantee's use of the Burdened Property as described in this Agreement. I� RIGHT TO EXTEND RIGHTS OF USE TO GRANTEE(S) OF LOT 3 ' 2.1 On or after the date on which City sells Lot 3, Daley Field Subdivision, and after a traffic signal has been installed at the intersection of Kelly Road and U. S. #93, RSI, in its sole discretion, shall have the right to grant to the purchaser(s) of Lot 3 the right to use the private road described in Section 1.4, f above, for ingress to and egress from Lot 3, in exchange for the right of the owner(s) and/or lessee(s) of Lots 1 and 2 to use a private road on Lot 3 for ingress and egress from Lots 1 and 2. EASEMENT AND AGREEMENT - 2