Approval of the Termination of Cross-Access Easement Agreement for 443 Marengo Road — E-6

17, 2020, in Book 6150 at Page 675 of the records of Johnson County Recorder, (the “Easement Agreement”), pursuant to which the parties thereto granted each other certain reciprocal easements for pedestrian and vehicular ingress and egress, and for other purposes, as more particularly described therein; WHEREAS, AKAAY, as successor owner of the Freeman Property, succeeded to the rights and obligations of Freeman under the Easement Agreement, which runs with the title to the Freeman Property pursuant to Section 11 thereof; WHEREAS, pursuant to Section 16 of the Easement Agreement, the Easement Agreement may only be amended, modified, or terminated in writing by the parties thereto (or their successors and assigns) and with the prior written consent of the City; and WHEREAS, the Parties desire to terminate the Easement Agreement in its entirety, including all easements, rights, and obligations granted or created thereunder, on the terms set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Termination. Effective as of the Effective Date, the Easement Agreement, including without limitation all easements granted under Sections 1 and 2 thereof, and all other rights, covenants, and obligations of the parties thereunder, is terminated in its entirety and is of no further force or effect. This Termination extinguishes the easements described in the Easement Agreement as encumbrances on the 443 Marengo Property and the Freeman Property. 2. Release. Each Party, for itself and its successors and assigns, hereby releases and discharges the other Party, and such other Party’s successors and assigns, from any and all obligations, liabilities, and covenants arising under the Easement Agreement from and after the Effective Date. 3. No Further Use. From and after the Effective Date, neither Party, nor their respective successors, assigns, tenants, or permittees, shall have any further right to use the Easement Areas (as defined in the Easement Agreement) pursuant to the Easement Agreement. 4. Authority. Each Party covenants that it has full right, power, and authority to execute this Termination and to bind its respective property as set forth herein. 5. Counterparts. This Termination may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. {00684509}