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AGREEMEl>iT OF EASEMENTS, CONDITIONS AND COVENANTS THIS AGREEMENT OF EASEMEl`:ITS, C'C31`MI TIONS AND COVENANTS (this "Agreement") is made as of October , 2008 (the "Effective Tiate"), by and between HEINEN'S INC., an Ohio carporation ("Heinen's"), having an address at 4540 Richmond Road, Warrensville Heights, Ohio 44-128 and MAYFIELD VILLAGE, OHIO, a municipal corporation ("Villa e"), having an address at 6622 Wilson Mills Road, Mayfield Village, Ohio 44143 _ (Heinen's and the Village are sometimes collectively referred to as the "Owners" and individually as an "Owner"). RECITALS A. Heinen's is the fee owner of certain land located at 860 SOM Center Road, Mayfield Village, Ohio, as described on Exhibit A attached hereto ("Supermarket Parcel"). B. Village is the fee owner of land adjacent to Supermarket Parcel, as described on Exhibit B attached hereto ("Village Parcel"). C: William T. Wells, Director of Store Planning for Heinen's, set forth Heinen's plans for the expansion and refurbishment of the supermarket facility located on the Supermarket Parcel and requested certain easements to facilitate such expansion and refurbishment in a letter dated October 8, 2007 to Mayor Bruce G. Rinker ("Heinen's Letter"), attached hereto as Exhibit C. D. The Heinen's Letter and appropriate site plans and drawings were forwarded to the Village's Planning and Zoning Commission for their review and recommendation; and thereafter the recommendation of the Planning and Zoning Commission was forwarded to the Village's Council for their approval and authorization. E. The Village Council authorized the expansion and refurbishment of the supennarket facility described in the Heinen's Letter at their meeting on December 17, 2007 pursuant to Resolution No. 2007-19 based upon the Planning and Zoning Commission's approval of the Heinen's expansion, including the 1