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546479 NON-EXCLUSIVE PERMANENT UTILITY EASEMENT CITY OF MOSCOW, IDAHO AND FRONTIER COMMUNICATIONS RESIDENCE STREET PROPERTY KNOW ALL MEN BY THESE PRESENTS, that City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "GRANTOR"), owner of real property affected hereby, in consideration of one dollar and other valuable consideration in hand paid, does hereby grant, convey and warrant to Frontier Communication NW Inc., 3 High Ridge Park, Stamford, Connecticut, 06905 (hereinafter "GRANTEE"), a Non-exclusive Permanent Utility Easement to occupy, construct, lay, install, reconstruct, inspect, maintain, repair, replace, operate and remove (collectively, "Service") all of the aboveground and underground facilities, systems, lines, components, conduits, cables, wires, and equipment (collectively, the "Equipment") necessary to provide communication service and related services, including the right to enter upon, occupy and use property located in the vicinity of the City of Moscow, Latah County, Idaho, on Resident Street and GRANTOR's property (Almon Asbury Lieuallen Park) described and as shown in Exhibit A attached hereto (the "Easement Area"): EASEMENT AREA A Non-exclusive Pennanent Utility Easement located in the northwest qumier of the southeast quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and consisting of a portion of Lot 1 and Lot 2 of the Highland View Addition to the City of Moscow recorded in Book 4 of Plats, page 10 with the Recorders office of said County, and being more particularly described as follows: Commencing at the northwest comer of Lot 6, Block 2 of said Highland View Addition; thence N0°39'W 103.4 feet to the east corner of the City of Moscow's water tower tract as described in Instrument No. 85161 as recorded with said Recorder's office, said point being the TRUE POINT OF BEGINNING; thence N59°54'W 90.0 feet along the northeast line of said tract; thence N30°06'E 10.0 feet; thence S59°54'E 115.00 feet parallel with said northeast line; thence S30°06'W 85.1 feet to the south line of said Block 1; thence S89°18'W 29.10 feet along said south line to the south corner of said City water tower tract; thence N30°06'E 90.0 feet along the southeast line of said tract to the TRUE POINT OF BEGINNING. Said easement contains 3214 square feet, more or less. This Non-exclusive Pem1anent Utility Easement is granted to GRANTEE, its agents, representatives, transferees or contractors under the following conditions: 1. GRANTOR may bore from Residence Street to the north side of the chain link fence around the tower, and may proceed with an open trench along the fence to the existing AT&T equipment; provided that the line running underneath the trees shall be constructed at a minimum depth of thirty-six inches (36") and that a representative from GRANTOR's Parks NoN-EXCLUSIVE PERMANENT UTILITY EASEMENT CITY AND FRONTIER COMMUNICATION NW, INC. PAGE I OF4 Z.o\l·44 ---PAGE BREAK--- Department shall assist in the actual location of the boring to mm1m1ze disturbance of existing trees. 2. If GRANTEE decides to abandon the Easement Area, GRANTEE shall notify GRANTOR in writing. Following notice by GRANTEE to GRANTOR of GRANTEE's intent to abandon, GRANTEE shall, within six months after written request from GRANTOR, remove the Equipment from the Easement Area. For purposes of this Non-exclusive Permanent Utility Easement, "abandon" means cessation of the transmission or the receipt of communication over GRANTEE's fiber in the Easement area for a continual period of sixty (60) days. 3. GRANTEE shall indemnify and save GRANTOR, its agents, and employees hannless from any and all claims, liabilities, losses, costs, charges or expenses to which GRANTOR may be put by reason of any negligent act or omission of GRANTEE on account of use of the Easement Area. If any action, claim or demand is made against GRANTOR for any negligent act or omission of GRANTEE in or related to the Easement Area, GRANTEE agrees to assume the expense and shall pay all commercially reasonable costs, charges, attorney fees, settlements, judgments or other expenses incurred by or obtained against GRANTOR, including, but not limited to, defense of all legal claims against GRANTOR. 4. If the cell tower fiber lease agreement between GRANTOR and GRANTEE is terminated, this Non-exclusive Pennanent Utility Easement shall be tem1inated and GRANTEE shall, within six months of such termination, remove the Equipment from the Easement Area at no cost to GRANTOR. The Equipment placed or installed on the Easement Area by GRANTEE, whether pennanent or temporary and replacements thereof, shall be and remain the property of GRANTEE, and may be removed by GRANTEE at GRANTEE'S discretion. GRANTEE is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from the Easement Area across adjacent lands owned by GRANTOR, in order to Service the Equipment. GRANTEE shall not install, construct, or modify any Equipment without prior review and approval of GRANTOR, provided, however, GRANTEE may conduct routine maintenance, servicing and repair to the Equipment without prior review or approval of GRANTOR. GRANTOR hereby covenants and agrees not to construct or permit to be constructed any structures of any kind on, under or above the Easement Area without prior notification to and approval from GRANTEE. GRANTOR hereby covenants with GRANTEE that GRANTOR is the true and lawful fee simple owner of the Easement Area and has full power and right to execute and grant this Non-exclusive Permanent Utility Easement. GRANTEE may hereafter transfer, assign and convey GRANTEE's rights and obligations under this Non-exclusive Pem1anent Utility Easement in whole or in part so long as such does not exceed or violate the limitations, restrictions and reservations contained in this Non-exclusive Petmanent Utility Easement. NON-EXCLUSIVE PERMANENT UTILITY EASEMENT CITY AND fRONTIER COMMUNICATION NW, INC. PAGE 2 Of 4 ---PAGE BREAK--- The rights, title, privileges and authority hereby granted shall continue to be in force until such time as GRANTEE shall permanently remove said Equipment from the Easement Area, or shall otherwise pennanently abandon said Equipment, at which time all such 1ights, title, privileges and authority hereby granted shall terminate. It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind GRANTOR and GRANTEE, and their respective successors and assigns. IN WITNESSHER . ÍOF, the parties have hereunto set their hands and seals this day of AdA fuv, 2011. GRANTOR City of Moscow, Idaho STATE OF IDAHO ) ) ss: COUNTY OF LATAH ) GRANTEE Frontier Communication NW Inc. Shane Stavros Network Engineer ACKNOWLEDGMENT On this day of-VY\\a 9 2011, before me, a Notary Public of the State of Idaho, personally appeared Shane Stavros, Network Engineer, known to me to be the person named above and acknowledged to me that he executed the foregoing Non-exclusive Pennanent Utility Easement as the duly auÎÏl·lÐÑ ÒSn,t for Frontier Communication NW Inc. T\t. Evvl. • . . • . . • 61 · . 3: : · T0,-ARY \ - : : = . . . = PUBU\C / { . . / . . U'f /11 ofV\,, NoN-EXCLUSIVE PERMANENT UTILITY EASEMENT CITY AND FRONTIER COMMUNIC A TlON NW ,INC'. PAGE3 OF4 ---PAGE BREAK--- 20' 80' 0 40' NoN-EXCLUSIVE PERMANENT UTILITY EASEMENT CITY AND FRONTIER COMMUNICATION NW, INC. EXHIBIT A 16 I 546479 No . AT THE REQUEST OF: SUsAN PETEftJ N LATAH COUNTY RECORDER BY fW)JCOlJ Rl£1' -S 5 I CITY OF MOSCOW, IDAHO EASEMENT EXHIBIT AUGUST, 2011 PAGE 4 or 4