Noise and Light Easement

WHEN RECORDED, RETURN TO: CITY OF GLENDALE 5850 W GLENDALE AVE GLENDALE, ARIZONA 85301 Attention: Airport Manager NOISE AND LIGHT EASEMENT This Light and Noise Easement (“Easement”) is made and entered into this ____ day of __________, 2021 by and between the City of Glendale, an Arizona municipal corporation ("City"), as Grantee, and the undersigned ("Owner"), as Grantor. RECITALS A. City is the owner and operator of Camelback Ranch – Glendale, a baseball stadium and spring training home of the Los Angeles Dodgers and Chicago White Sox, located at 10710 West Camelback Road, Phoenix, AZ 85037 ("Camelback Ranch"). B. Owner owns the real property legally described as [Lot 2, of GLENDALE SPRING TRAINING COMPLEX, a subdivision recorded in Book 1020 of Maps, Page 39, records of Maricopa County, Arizona] (the “Property”). C. City, operating through Camelback Ranch, has expressed concerns regarding to the interaction between residential development at the Property and Camelback Ranch. D. Owner and City wish to provide adequate notice of Camelback Ranch to Property owners and residents. AGREEMENTS NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby mutually acknowledged, the Parties for themselves and their successors and assigns agree as follows: 1. The Recitals are a material part of this Easement and are incorporated in this Easement by this reference. 2. This Easement is effective on the date set forth above and shall terminate when Camelback Ranch is no longer used for any baseball purposes. 3. Owner grants and conveys to City and its successors and assigns a perpetual, non- exclusive, assignable light and noise easement upon and over the Property for noise, light and other negative impacts caused by events at Camelback Ranch in compliance with all laws and regulations relating to same and otherwise in compliance with this Easement ("Camelback Ranch Operations"). This Easement permits the imposition of light, noise, illumination, discomfort, inconvenience, and interference with the use and quiet enjoyment of the Property caused by Camelback Ranch Operations, including interference with sleep, communications, or other negative effects. 4. This Easement is appurtenant to and is for the benefit of City (on behalf of Camelback Ranch) and shall further be deemed in gross, being conveyed to City for the benefit of Camelback Ranch and any and all members of the general public who may use said Easement or right-of-way, for participation in Camelback Ranch Operations in compliance with this Easement. 5. This Easement binds Owner and its successors and assigns and is a covenant that runs with the Property. Owner, together with its successors in interest and assigns, hereby waives its right to legal action against Camelback Ranch, its successors or assigns for monetary damages or other redress due to impacts, as described in Paragraph 3 of the granted rights of easement, associated with Camelback Ranch Operations, including future increases in the volume or changes in location of said operations. Furthermore, Camelback Ranch, its successors and assigns shall have no duty to avoid or mitigate such damages through physical modification of Camelback Ranch facilities or establishment or modification of Camelback Ranch operational procedures or restrictions. Except as to the releases granted by Owner in the preceding sentences, once Owner has transferred the Property, or any portion thereof, to a successor or assign, Owner shall be released hereunder as to the Property or portion thereof actually transferred, with such successor or assign thereafter being liable under this Easement. 6. This Easement shall only be effective upon approval of the final site plan for the development depicted in City of Phoenix Application No. SCMJ 2013080. Owner shall cause this Easement to be recorded in the Office of the Maricopa County Recorder within five days of the issuance of the final approval of the site plan for the Property. [signatures appear on following page] 2 GRANTEE: City of Glendale, an Arizona municipal corporation By: City of Glendale By: City Manager ACKNOWLEDGMENT STATE OF ______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on this _____ day of ____________, 2021, by _____________________, as the Authorized Agent of City of Glendale. My Commission Expires: ____________________ Notary Public 3 OWNER/GRANTOR: EMPIRE VILLAGE AT CAMELBACK PARK, LLC, a Delaware limited liability company By: EMC MANAGEMENT LLC, an Arizona limited liability company Its: Manager By: Richard Felker Its: Authorized Agent ACKNOWLEDGMENT STATE OF ______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on this _____ day of ____________, 2021, by Richard Felker, as the Authorized Agent of EMC MANAGEMENT, LLC, on behalf of OWNER/GRANTOR. My Commission Expires: ____________________ Notary Public 4 .

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