WITNESSETH <br />NOW, THEREFORE, in consideration of the mutual covenants herein contained and other <br />valuable consideration, the receipt of which is acknowledged, the parties agree as follows: <br />1. Recitals: The recitals set forth hereinabove are made a part of this declaration as <br />though fully set forth herein. <br />2. Construction of Sidewalk: Outlot hereby agrees that Valley is permitted to construct a <br />sidewalk running from the public roadway, south to the southern boundary of the Easement, to <br />be a maximum of four (4) feet in width and to be located adjacent to and directly east of the two <br />(2) foot strip of landscaping located on the western boundary of the Easement. <br />2.1 In addition thereto, Outlot hereby agrees that Valley may construct an <br />additional one (1) foot of sidewalk within the landscaping to provide for ADA passing <br />access at such intervals as may be required by law. <br />2.2 All costs of construction of the sidewalk shall be the sole responsibly of Valley. <br />Valley shall have the right to use other portions of the Easement for the purposes of <br />facilitating construction, but agrees that in no event shall any construction prevent <br />reasonable access to Parcel 1 by Outlot, its tenants, agents, contractors, employees and <br />invitees, during construction. <br />2.3 Valley agrees to indemnify and hold Outlot, and its tenants, harmless from any <br />and all suits, actions, claims or liability in any manner arising out of or related to the <br />construction of the sidewalk and related work performed by Valley pursuant to this <br />Agreement. <br />3. Maintenance and Re air: Valley agrees that at all times during development of Parcel <br />2, it shall perform any maintenance and repair to the Easement required as a result of its <br />construction activities on Parcel 2, and further agrees that upon completion of said development, <br />it shall resurface the driveway portion of the Easement. <br />4. Effect: Except as specifically modified herein, all of the terms of the Easement Grant <br />shall remain in full force and effect. In the event of any conflict between the terms of the <br />Easement Grant and this First Addendum, the terms of this First Addendum shall control. Any <br />further modification of the Easement Grant orthis First Addendum shall only be valid if in writing <br />and executed by the parties hereto or their respective successors in interest. <br />3- First Amendment to Easement Grant <br />