COVENANTS, RESTRICTIONS AND EASEMENTS AGREEMENT By and Among RADNOR CENTER ASSOCIATES ‘TOWNSHIP OF RADNOR SCHOOL DISTRICT OF THE TOWNSHIP OF RADNOR Dated As Of August 16, 1999COVENANTS, RESTRICTIONS AND EASEMENTS AGREEMEN’ ie of Contents Description Page Preamble Biackeproundd! seteuatssuasceestgacet suceasceetesecnagetee setae 1, Time Schedule; Development Notice 2. Restrictions on Use of School Tract 2.1. Restrictions in Favor of RCA «reo 2.2. Restrictions in Favor of Township. 3. Environmental Park... : 4 3.1, Improvements to Environmental Park ...s0menn daietaeteeesaee 3.2. Restrictions on Use of Environmental Park... : 4 3.3. Public Access to Environmental Park A 4. Pedestrian Bridge. 5 4.1, Construction of Pedestrian Bridge. 5 4.2, Basement on Township Tract... : 5 43. Pedestrian Bridge Easement for Use by School 5 5. RCA Release of Restriction Upon Township Tract and Township Satellite Parking Parcel 6. Restrictions on Use of Township Satellite Parking Parcel and Helipad Parcel... 7. Township Release of Morgan’s Run Deed Easement Over Centennial Drive, Release of Easements Over Former Hares Lane. 8. Easement for Use of Centennial Drive by District ee 8.1. Construction Vehicles and Equipment i 8.2. Maintenance, Repair and Snow Removal 8.3. Restriction During Peak Traffic Hours. Bide inideanity eee teense 8.5. Insurance...... 6 7 7 7 9. Restriction Against Expansion of the School and School Tract Parking; Restriction Against Portable Classt00ms..rconunnes 9.1. No Expansion of the School . 9.2, No Portable Classrooms... 9.3. No Expansion of School Tract Parking .10. 12. 1B. 14, 16. 17, 18, 20. a 22. 23. 24, 25. 26. 21. Restriction Against School Parking on RCA Tract .. WW District Parking on RC Easement, ‘choo! Tract Parking Lot; Partial Release of RCA Utility Easements and Declaration Construction of School . Road, Traffic Signal and Centennial Drive Entrances Improvements. AB Township Satellite Parking Lot o.oo ae ela Self-Help; Enforcement; Enforcement Expenses svtntnstssnnsennveseeeeeed 16.1. Self-Help..... 16.2. Enforcement 16.3. Enforcement Expenses. Notices... : 15 Property Exchange Agreement ....ssnssnsunnmnnsnn : pneeeal Time of the Essence Computation of Time.. Authorship... 16 Severability 16 Entire Agreement... : 216 Binding Effect; Benefit. nel ReCOFINE renner 16 Controlling Law... 16 ‘Counterparts Seca ceeeecerceeseeeeeeteecereseee teeSCHEDULE OF EXHIBITS Exhibit EP: Exhibit 4: Exhibit : Exhibit 6: Exhibit 12: Easement Plan Description of the Petersen Tract tion of the Township Tract, Description of the RCA Tract Description of the Environmental Park Description of the School Tract Time Schedule Environmental Park Improvement Plan Peclestrian Bridge Improvement Plan Description of the Township Satellite Parking Parcel Description of Helipad Parcel Description of Centennial Drive Description of Vehicle Loop Detector System Description of the RCA Schoo! Tract Parking Lot Description of Area of Easement Released on RCA School Tract Parking Lot Road, Traffic Signal and Centennial Drive Entrances Improvement Plan Township Satellite Parking Lot Improvement Plan ‘Township Satellite Parking Lot Lease Agreement DEFINITIONS Alternative Use Subsection 2.1.2. Base School Tract Parking Spaces Subsection 9.3. Business Days ‘Subsection 8.3.3. Centennial Drive Section 8 Centennial Drive Basement Section 8 Declaration Seetion 12. Development Notice Seetion | District Preamble Easement Plan Background, par. B. Environmental Park Background, par. B. Environmental Park Improvement Plan Subsection 3.1 Hares Lane Section 7. Hares Lane Relocated Subsection 3.3. Helipad Parcet Section 6, Internal Pedestrian Path Subsection 3:3. Large School Buses Subsection 8.3.1 Maximum Schoo! Tract Parking Spaces Subsection 9.3 Morgan's Run Deed Section 5 Peak Traffic Hours Subsection 8.3.2, Pedestrian Bridge Subsection 4.1 Pedestrian Bridge North Terminus Subsection 4.2, Pedestrian Path ‘Subsection 3.3. Petersen Tract Background, par. A. Plan Background, par. B. Property Exchange Agreement Background, par. B. RCA Schoo! Tract Parking Lot Seetion 11 RCA Tract Background, par. A. RCA Utility Easement Section 12. Schoo! Background, par. A School Parking Restriction Section 11 School Tract Background, par. B.Substantially Complete Supplemental School Tract Parking Spaces Time Schedule Township ‘Township Satellite Parking Lot ‘Township Satellite Parking Parcel ‘Township Tract Vehicles Subsection 3.1 Subsection 9.3, Section 1 Preamble Subsection 4.3 Section 6, Background, par. A. Subsection 8.3COVENANTS, RESTRICTIONS AND EASEMENTS AGREEMEN THIS AGREEMENT (this "Agreement" is entered into as of August 16, 1999, by and among RADNOR CENTER ASSOCIATES, a Pennsylvania limited partnership ("RCA"), the ‘TOWNSHIP OF RADNOR, a Home Rule Charter Municipality in the County of Delaware, ‘Commonwealth of Pennsylvania ("Township"), and SCHOOL DISTRICT OF THE TOWNSHIP OF RADNOR, in the County of Delaware, Commonwealth of Pennsylvania ( District”) BACKGROUND A. RCA, Township and District desire to enter into this Agreement for the purpose of setting forth their agreements with respect to the development of the Radnor Elementary School (the "School") on two tracts of land, one now owned by District located at 401 King of Prussia Road in Radnor Township, Pennsylvania, consisting of approximately 10.839 acres, as more particularly desctibed in Exhibit "1" attached to this Agreement (the "Petersen Tract"), and the other as of the date of this Agreement owned by Township located immediately adjoining the Petersen Tract at the corner of King of Prussia Road and Matsonford Road in Radnor Township, Pennsylvania, consisting of approximately 5.684 acres, as more particularly described in Exhibit "2" attached to this Agreement (the "Township Tract"). The Petersen Tract and the Township Tract adjoin the Radnor Corporate Center office park owned by RCA, as more particularly described in Exhibit "3" attached to this Agreement (the "RCA Tract”). B. The Final Subdivision and Land Development Plan for the development of the School, prepared by Rettew Associates, Inc., dated March 15, 1999 and last revised October 13, 1999 (Dwg. No. 972602-01 comprised of 19 sheets), was approved by the Township Board of ‘Commissioners on August 16, 1999, pursuant to Resolution 99-38 (the "Plan"), Certain capitalized words used in this Agreement refer to areas or conditions identified in the Easement Plan for Radnor Township School District prepared by Rettew Associates, Inc., dated May 14, 1999, last revised October 13, 1999, consisting of eight (8) sheets, attached as Exhibit EP (the "Basement Plan"). Township and District have entered into an agreement dated as of September 1, 1998 (as amended by the First Amendment dated as of August 16, 1999, the "Property Exchange Agreement"), providing for the exchange by District of the "Environmental Park", consisting of approximately 3.000 acres, as more particularly described in Exhibit "4" attached to this Agreement, for the Township Tract. The Petersen Tract (exclusive of the Environmental Park) and the Township Tract are sometimes referred to in this Agreement together as the “School Tract." The School Tract, consisting of approximately 13.522 acres, is more particularly described in Exhibit "5" attached to this Agreement. NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows: L Time Schedule; Development Notice. The time schedule for the completion of requirements of this Agreement is set forth as Exhibit "6" (the "Time Schedule"). Township and District shall each use its best efforts to complete the tasks for which each is responsible in accordance with the Time Schedule and this Agreement, Notwithstanding any provision of thisAgreement to the contrary, the restrictions, easements and release of restrictions provided in this Agreement shall become effective without any further action upon delivery by District of a written notice to RCA and Township stating that District has acquired the Township Traet, Township has acquired the Environmental Park and District intends to proceed with the development of the School ("Development Notice"), Upon delivery, the Development Notice will be attached to Exhibit "6" and shall become a part of this Agreement, 2. Restrictions on Use of School Tract. District hereby covenants and declares that the School Tract shall be subject to the restrictions set forth in this Section 2. 2.1. Restrictions in Favor of RCA. The School Tract may be used, subject to the express restrictions of this Agreement and the then applicable zoning and other ordinances of Township, only for the uses set forth in subsections 2.1.1, 2.1.2 and 2.1.3 2.1.1. The School Tract may be used only as a public or private school for children from pre-school through elementary school, and incidental uses consistent with uses at other District elementary schools; provided, however, that (1) such incidental uses shall not have a material negative impact upon the market value of the RCA Tract or upon the marketability of tenant oifice space located on the RCA Tract, and (2) such incidental uses shall in no case cause or permit the Peak Traffic Hours and other restrictions on Vehicles set forth in subsection 8.3 to be exceeded in any respect. 2.1.2. Conditioned upon the consent in writing of RCA, the School Tract may be used for any other use or combination of uses ("Alternative Use"), limited and conditioned, however, as hereinafter set forth. No Altemative Use will be permitted on the School Tract if the same shall consist of any one or a combination of the following uses: (1) any use which, in RCA’s reasonable judgment, would have a material negative impact upon the market value of the RCA Tract or upon the marketability of tenant office space located on the RCA Tract, or (2) any use which, in RCA’s reasonable judgment, would cause or permit the Peak Traffic Hours and other restrictions on Vehicles set forth in subsection 8.3 to be exceeded in any respect, or (3) use as a secondary school, or (4) any use as commercial office space (other than for School offices or offices incidental to an Alternative Use). District shall notify RCA in writing prior to the planned commencement of an Alternative Use. District’s notice to RCA, shall include detailed information with respect to the proposed Alternative Use, sufficient for RCA to provide an informed consent or denial of consent. RCA shall provide its consent, ot reasons for denial of consent, within thirty (30) days following RCA’s receipt of District’s notice. RCA shall not unreasonably withhold, condition or delay its consent to a proposed Alicmnative Use, it being expressly understood, however, that it shall be reasonable for RCA to withhold, condition or delay its consent of any proposed Alternative Use if such shall fall within any one or more of the categories described in clauses (1), (2), (3) or (4) of this subsection 2.1.2. ‘Notwithstanding any provision of this Agreement to the contrary, District may at any time leave the School unused and unoccupied, provided that District continues to (a) maintain the Schoo! and the School Tract and continues to keep the same at all times in good condition, order and repair (including continued and regular maintenance of all geass and landscaping areas), (b) provide adequate security for the School and the School Tract at all times, and (c) comply with all other agreements, restrictions, limitations and conditions of this Agreement. sere 9 8 22.1.3. Any such Alternative Use, if consented to as provided herein, shall be subject to all of the restrictions, limitations and conditions of this Agreement and to the then applicable zoning and other ordinances of Township. Upon receipt of the consent of RCA to any such Alternative Use as contemplated or required hereby, the parties hereto shall execute, acknowledge and place of record an amendment or supplement to this Agreement reflecting and confirming (1) such Alternative Use and (2) the consent by RCA thereto and any conditions or limitations in respect of such consent 2.1.4. The use restrictions and other provisions provided in this, subsection 2.1 shall be for the sole benefit of RCA, and its successors and assigns in ownership of the RCA Tract, and no other party. 2.2. Restrictions in Favor of Township. The Schoo! Tract may be used, subject to the express restrictions of this Agreement and the then applicable zoning and other ordinances of Township, only for the uses set forth in subsections 2.2.1, 2.2.2 and 2.2.3. 2.2.1. The School Tract may be used only as a public or private school for children from pre-school through elementary school, and incidental uses consistent with uses at other District elementary schools. 2.2.2. If the School Tract is to be used for any Alternative Use as defined in subsection 2.1.2., District shall notify Township of the intended Alternative Use. For a period of one hundred twenty (120) days after receipt of District's notice, Township shall have the option to purchase the School Tract by providing written notice to District of the exercise of the ‘option. If Township does not exercise the option, the School Tract may be used for the proposed Alternative Use (subject to the consent of RCA as provided in subsection 2.1.2). If Township exercises the option, closing on the purchase shall occur within ninety (90) days after the exercise of the option by Township. The purchase price shall be equal to 7/12ths of the fair market value of the School Tract determined as if the School were demolished and the School ‘Tract were cleared and graded. ‘The deed conveying title from District to Township shall provide that the School Tract shall be restricted in perpetuity to public park land and open space use (except for the RCA School Tract Parking Lot). Within one (1) year following closing, ‘Township shall demolish the School and parking facilities on the School Tract (except for the RCA School Tract Parking Lot), and clear, grade and landscape the School Tract for public park land and open space use. If Township does not demolish the School, and clear, grade and landscape the Schoo! Tract within one (1) year from the date of closing, or if Township ceases at any time to use the School Tract for public park land and open space use, the School Tract shall revert to District free of any restrictions provided in this Agreement for the benefit of Township (but subject to all other agreements, restrictions, limitations and conditions of this Agreement, which shall continue to be enforceable by RCA, its successors and assigns in ownership of the RCA Tract; and RCA shall at all times continue to be permitted to use and enjoy the RCA. School Traet Parking Lot as provided for herein and in the Morgan's Run Deed). Notwithstanding any provision of this Agreement to the contrary, District may at any time leave the School unused and unoccupied; provided that District continues (o (a) maintain the School and the School Tract and continues to keep the same at all times in good condition, order and repair (including continued and regular maintenance of all grass and landscaping areas), (b) sen sain 3provide adequate security for the School and the School Tract at all times, and (c} comply with, all other agreements, restrictions, limitations and conditions of this Agreement, 2.2.3. Any such Alternative Use shall be subject to all of the restrictions, limitations and conditions of this Agreement and to the then applicable zoning and other ordinances of Township. Upon the implementation of an Alternative Use pursuant to subsection 2.2.2, the parties hereto shall execute, acknowledge and place of record an amendment or supplement to this Agreement reflecting and confirming such Alternative Use. 2.2.4. The use restrictions and other provisions provided in this subsection 2.2 shall be for the sole benefit of Township and no other party. 3. Environmental Park, 3.1. Improvements to Environmental Park. ‘The Environmental Park shall be designed and constructed by Township in accordance with this Agreement and Exhibit "7" hereto (the "Environmental Park Improvement Plan"). Township shall maintain the Environmental Park at ‘Township’s sole cost in the same manner as the best maintained Township parks. The Environmental Park shall be substantially complete in accordance Time Schedule. Wherever used in this Agreement, "substantially complete" shall mean complete but for minor items of work which do not preclude use for the intended purpose. 3.2. Restrictions on Use of Environmental Park. Township hereby covenants and declares that the Environmental Park may be used, subject to the express. restrictions of this Agreement and the then applicable zoning and other ordinances of Township, only as public park land and open space for the use and benefit of residents of Township, District and RCA. Township shall limit use of the Environmental Park to use only by District during the times on which the School is open for regular classes on school days during the regular school year (which, as of the date hereof, is intended to be between the hours of 9 a.m. and 3 p.m. on such days); provided, however, that this restriction on use of the Environmental Park shall not, extend to of limit the days or times during which the Pedestrian Path located partially thereon shall be open and available for use by the public, If the Environmental Park is used for any use other than public park land and public open space, the Environmental Park shall revert to District. ‘The restrictions provided for in this subsection 3.2 may not be amended, modified, supplemented or terminated without the prior written consent of District and RCA (or RCA's successors and assigns in ownership of the RCA Tract). 3.3. Public Access to Environmental Park, District hereby grants and conveys (1) to Township and to RCA, its tenants, guests and invitees a non-exclusive perpetual easement for a public right of pedestrian ingress and egress to the Environmental Park over that part of the School Tract described as the "Pedestrian Path" on the Easement Plan, and during non-school hours a right of pedestrian ingress and egress over that part of the School Tract, described as "Internal Pedestrian Path" on the Easement Plan, and (2) to Township, a non- exclusive perpetual easement for vehicular access, for the purpose of construction and maintenance of the Environmental Park, over that part of the Petersen Tract described as "Hares Lane Relocated" on the Easement Plan connecting King of Prussia Road to the Environmental Park along the northwestern perimeter of the School Tract. District shall have the right (a) to seis ranim 4relocate the Pedestrian Path and Intemal Pedestrian Path easements so granted for its convenience from time to time (provided that the Pedestrian Path and the Internal Pedestrian Path will not be relocated without the prior approval of the Township Board of Commissioners, which approval shall not be unreasonably withheld, conditioned or delayed) and (b) to impose such reasonable rules and regulations for use of the Pedestrian Path and the Internal Pedestrian Path as may be implemented by District from time to time for the safety of children attending the School and others using the Pedestrian Path and the Internal Pedestrian Path (after review and comment by the Township Board of Commissioners); provided that any such relocation and any such imposition of rules and regulations do not materially adversely affect the benefit of the easements to be granted thereby, and provided further that no such rules or regulations will imit the days or times during which the Pedestrian Path will be open and available for use by the public. District shall construct Hares Lane Relocated, the Pedestrian Path and the Internal Pedestrian Path, and maintain the Pedestrian Path and Intemal Pedestrian Path where located on the School Tract. hhe Pedestrian Path and the Internal Pedestrian Path easements provided for in this subsection 3.3 (including, without limitation, the connection of both termini thereof to the RCA Traet) may not he amended, modified, supplemented or terminated (other than expressly provided above) without the prior written consent of Township and RCA (or RCA’s successors and assigns in ownership of the RCA Tract). 4, Pedestrian Bridge 4.1. Construction of Pedestrian Bridge. Township shall substantially complete construction of the "Pedestrian Bridge” as identified in the Easement Plan, in accordance with the Pedestrian Bridge Improvement Plan and budget attached to this Agreement as Exhibit "8", and in accordance with the Time Schedule, but in no event later than the date of initial opening of the School for classcs. Township shall maintain and repair the Pedestrian Bridge in accordance with applicable laws, provided that District shall be responsible for snow and ice removal. The costs of construction, maintenance and repair shall be shared equally by District and Township subject to the limitations set forth in Section 15. The Pedestrian Bridge shall be owned by Township. 4.2.” Basement on Township Tract. District hereby grants and conveys to Township a non-exclusive perpetual easement permitting the construction and location of the "Pedestrian Bridge North Terminus" at the location described on the Easement Plan, and a ‘temporary construction and maintenance access easement as may reasonably be required for construction and maintenance of the Pedestrian Bridge. 4.3. Pedestrian Bridge Easement for Use by School. Township hereby grants and conveys to District a non-exclusive perpetual easement for pedestrian ingress and egress for the benefit of District and its guests and invitees over the Pedestrian Bridge and connecting walkway to and from the School Tract and the "Township Satellite Parking Lot" described in the Easement Plan. 5, RCA Release of Restriction Upon Township Tract and Township Satellite arking Parcel. RCA, District and Township hereby covenant and declare that the following restriction upon the Township Tract and Township Satellite Parking Parcel set forth in that certain deed from Morgan’s Run Corporation (RCA’s predecessor in title to the RCA Tract), as serauisianion 5grantor, to The Township of Radnor, as grantee, dated March 8, 1993, and recorded in Delaware County in Deed Book 1067 page 2223 (the "Morgan’s Run Deed”), is released, terminated, void and of no effect: FURTHER UNDER AND SUBJECT, nevertheless, and as an express condition and restriction to the conveyance herein, that PARCEL A, with the exception of the portion thereof covered by the Parking Lot Reservation, shall always be used for public park lands or public open space, and no artificial structure shall be built or placed inconsistent with this use on PARCEL A (with the exception of the portion thereof covered by the Parking Lot Reservation); and upon the subsequent failure of the condition and restriction set forth herein, and upon the failure to cure such failure of condition and restriction within ninety (90) days after written notice by Grantor or its successor or assign to Grantee or its suecessor or assign, then the entire grant, bargain, sale, alienation, enfeoffment, release and conveyance made by Grantor by these presents shall become null and void, and PARCEL A and all rights in PARCEL B and PARCEL C shall be forfeited by Grantee, its successors and assigns forever and shall revert to Grantor, its successors and assigns, and Grantee, its successors and assigns shall have no further interest therein. 6. Restrictions on Use of Township Satellite Parking Parcel and Helipad Parcel. ‘Township hereby covenants and declares that the two Township-owned parcels of real property located on Matsonford Road and consisting of approximately 4.884 acres as more fully described in Exhibit "9" ("Township Satellite Parking Parcel"), and 2.831 acres as more fully described in xhibit "10" ("Helipad Parcel"), shall always be used for public park ands and public open space, and no artificial structure shall be built or placed inconsistent with this use on the Township Satellite Parking Parcel or Helipad Parcel; provided, however that Township, its successors and assigns, may construct upon such parcels paved parking areas (including but not, limited to the Township Satellite Parking Lot), access drives, sports fields, restrooms, water fountains, facilities for maintenance and park equipment, related park amenities, and the southern terminus of the Pedestrian Bridge. 7. Township Release of Morgan’s Run Deed Easement Over Centennial Drive, Release of Easements Over Former Hares Lane, Township and District hereby covenant and declare that any rights of ingress or egress over Centennial Drive granted by the Morgan's Run Deed are hereby released, terminated, void and of no eflet. Township and RCA hereby covenant and declare that any rights of ingress or egress over "Hares Lane", located as of the date of this Agreement, and as shown on the Plan, on the School ‘Tract along the property line between the Petersen Tract and the Township Tract, running northeast from Glenmary Road to the point at which the property lines of the Petersen Tract, the Township Tract and the RCA Tract intersect, are hereby released, terminated, void and of no effect. 8. Easement for Use of Centennial Drive by District. RCA hereby grants and conveys to District a perpetual non-exclusive easement ("Centennial Drive Easement") for the purpose of vehicular ingress and egress to and from the School Tract and the RCA School Tract Parking Lot over an existing improved road owned by RCA and located on the RCA Tract as more fully described in Exhibit "11" attached hereto ("Centennial Drive"), subject to the serena 6conditions set forth in subsections 8.1, 8.2, 8.3, 8.4 and 8.5 below, for the use and benefit of District and its guests and invitees, and a temporary construction and maintenance access easement as may reasonably be required for the initial construction and maintenance of the ingress and egress driveways to the School Tract over those areus of the RCA Tract shown on the Easement Plan. Notwithstanding the foregoing provisions of this Section 8, itis expressly understood and agreed that the Centennial Drive Basement is limited, restricted and conditioned in the following respects: (1) the Centennial Drive Easement does not extend to, and does not permit or allow pedestrian ingress, egress or other access on o over Centennial Drive, except in the case of a vehicular breakdown or other emergency, and (2) no school children, parents of school children, teachers, school staff or other persons may be dropped off, unloaded or discharged, from a bus, automobile or other vehicle, anywhere on, over or along Centennial Drive for the purpose of walking to the School or the Schoo! Tract, and all such dropping off, unloading or discharge may only be made from locations on the School Tract. 8.1 Construction Vehicles and Equipment. Construction vehicles and equipment shall not enter or exit the School Tract over Centennial Drive during the initial construction of the School. After completion of the initial construction of the School, ‘maintenance, service and delivery vehicles shall he permitted to enter and exit the School Tract over Centennial Drive, limited, restricted and conditioned in the following respects: (1) no materials, supplies or other items of property may be dropped off, unloaded or discharged from any vehicle anywhere on, over or along Centennial Drive for any reason, and all such dropping off, unloading or discharge may only be made from locations on the School Tract, (2) the right of ingress and egress as aforesaid does not extend to, and does not permit or allow, the stopping, standing or parking of any such vehicle anywhere along Centennial Drive, (3) the right of ingress and egress as aforesaid shall in no case cause or permit the Peak Traffic Hours and other restrictions on Vehicles set forth in subsection 8.3 to be exceeded in any respect, and (4) in the event of any damage to Centennial Drive (including its curbs and landscape areas) or to any other portions of the RCA Tract caused by any such vehicle, District shall cause the same to be promptly restored and repaired, at its own cost, to the reasonable satisfaction of RCA. Construction vehicles and equipment required due to a major reconstruction of the School following a casualty or otherwise (or due to the construction, installation, use or removal of any portable classrooms permitted by Section 9,2) shall not enter Centennial Drive without the written consent of RCA, which consent may be withheld in RCA's sole discretion. 8.2, Maintenance, Repair and Snow Removal. RCA shall maintain, repair, restore, repave and provide snow and ice removal service for Centennial Drive in accordance with standards prevailing for first class office parks in the Philadelphia area. District shall pay to RCA five percent (5%) of the actual cost of such maintenance, repair, restoration, repaving and snow and ice removal, to be paid within thirty (30) days of receipt by District from RCA of a reasonably detailed invoice therefor. District shall have no responsibility for real estate or other taxes payable with respect to Centennial Drive. 8.3. Restriction During Peak Traffic Hours. District shall restrict the number of vehicles entering the School Tract from Centennial Drive for access to the School ‘Tract ("Vehicles") during each of the morning and afternoon Peak Traffic Hours to not more than ‘two hundred and ten (210), no more than ten (10) of which may be Large Schoo! Buses during each such Peak Traffic Hours period; provided, however, that Vehicles may exceed the limit of secs ai 7two hundred and ten (210): (1) on not more than five (5) non-consecutive days in.any calendar year, and (2) in the event of emergency conditions (including but not limited to weather conditions and temporary or permanent closings of other District schools). ‘The permission to exceed the two hundred ten (210) Vehicle limitation as aforesaid on five non-consecutive days referred to in subparagraph (1) above is not intended to provide District with permission as a "matter-of-right" (e.g. for a planned event in which the limitation is anticipated to be exceeded), but is only intended to provide District with limited grace in the event the Vehicle limitation is inadvertently exceeded. If “emergency conditions" referred to in subparagraph (2) above relate to the temporary or permanent closings of other District schools (other than the School), then (a) District will use all reasonable efforts to first attempt to locate children at locations other than the Schoo! Tract, and (b) such "emergency conditions" will only permit District to exceed the Peak Traffic Hours and other restrictions on Vehicles set forth in this Section 8 for a period of five (5) consecutive Business Days, after which District shall be obligated to comply strictly with all thereof. An "emergency", as contemplated hereby, is not intended to extend to the need for relief from the restrictions set forth herein by reason of the size of the student population at the School or at any other District school. 8.3.1, "Large School Buses" shall not include buses principally used for transporting handicapped students. Large School Buses shall enter Centennial Drive only from the most eastern entrance at Matsonford Road, as shown on the Easement Plan. 8.3.2. "Peak Traffic Hours" shall mean Business Days between the hours of 8:00 am, to 9:00 a.m., and 4:45 p.m, to 5:45 p.m. 8.3.3. "Business Days" shall mean Monday through Friday but excluding any day that is a legal holiday in the Commonwealth of Pennsylvania. 8.3.4. The number of Vehicles shall be measured by a loop detector system to be installed and maintained by District at District’s sole cost and as deseribed in more detail in Exhibit "12" attached to this Agreement, or other method as may be mutually agreed to in writing by District and RCA from time to time. The count of Vehicles shall be provided to RCA in writing (1) without notice, not less than weekly during the months that the School is in use, and (2) at other times upon written notice from RCA within two (2) Business Days of such notice. The system shall be installed, tested, and operational prior to the initial opening of the School for classes. The uninterrupted and accurate operation of the loop detector system as aforesaid, and the timely delivery to RCA of the count of Vehicles required hereby, is critically important to RCA and shall be strictly complied with by District. RCA reserves the right, at any time and from time to time at its option, to inspect and test the operation of the system and audit the Vehicle counts provided pursuant to such system, and District shall cooperate with RCA in connection with any such inspection, test or audit. 8.3.5, District shall monitor the daily count of Vehicles during Peak ‘Traffic Hours, and shall implement traffic management procedures to limit the number of Vehicles as provided and required by this subsection 8.3. Traffic management procedures shall include such procedures as District may determine from time to time, including but not limited to the following: senate 8(1) Requiring parents, staff and maintenance personnel to park their vehicles on the Township Satellite Parking Parcel. District explicitly understands and acknowledges that the use of the Township Satellite Patking Parcel is an important feature of the overall development plan for the School and that it is specifically designed to be used (among other reasons) in order to assure that the District complies with the Peak Traffic Hours and other restrictions set forth in this Section 8. Q2) Encouraging greater use of buses by students and carpooling by staff, maintenance personnel and students. (3) Scheduling events involving parent participation to avoid Peak Traffic Hours. (4) Providing signs directing visitors to park on the Township Satellite Parking Parcel. It is expressly understood that the traffic management procedures set forth in this subsection are illustrative only and are not intended to limit, restrict, diminish or otherwise affect the obligations of District to adhere strictly to the Peak Traffic Hours and other restrictions on Vehicles set forth in this Section 8 or the procedures or other actions that District immediately must take and effect, at its sole cost, in order that such Peak Traffic Hours and other restrictions on Vehicles are adhered to at all times 8.3.6. From time to time upon written request of RCA, District shall provide to RCA a detailed written traffic management report setting forth the procedures which have been and which will be implemented by District in order to restrict Vehicles as provided in this subsection 8,3. 8.4. Indemnity. District hereby indemnifies, holds harmless and agrees to defend RCA from and against all claims, damages, expenses (including, without limitation, reasonable attorneys’ fees), liabilities and judgments on account of injury to persons, loss of life, or damage to property (i) caused by the active or passive negligence or willful misconduct of District or its contractors, employees, agents, guests or invitees, or (ii) otherwise caused by or as a consequence of the use of Centennial Drive by any person for ingress to or egress from the School; provided, however, that District does not indemnify RCA against any injury, loss of life, or damage which is caused by the active negligence or willful misconduct of RCA, its tenants, contractors, employees, agents, guests or invitees. 8.5, Insurance. District shall obtain and maintain in full force and effect at all times, at District’s sole cost, the following insurance coverages: 8.5.1. Commercial General Liability Insurance for District's operations conducted at the School and on the School Tract and on Centennial Drive which protects the interest of District as well as RCA and RCA's general partner, property manager and mortgagee as additional insureds, covering injuries to persons and damage to property in a combined single limit not less than $2,000,000 per occurrence. If District's Commercial General Liability Insurance for its operations at the School and the School Tract is combined with Commercial seus asim 9General Liability Insurance for other locations that District owns and/or operates, the minimum required General Policy aggregate limit shall be provided on a "per location" basis. 8.5.2, Automobile Liability Insurance for all owned, non-owned and hired vehicles. The minimum limit of liability shall be $2,000,000 each accident, combined single limit for bodily injury and property damage. 8.5.3. Workers’ Compensation Insurance providing statutory coverage and Employers Liability Insurance with minimum limits of $100,000 each accident, or such higher minimum limits as may be required by District's Umbrella Liability insurer. 8.5.4. Umbrella Liability Insurance providing the following form, coverage in excess of the underlying Commercial General Liability, Automobile Liability, and Employers Liability Insurance policies previously described. The Umbrella policy is to provide minimum per occurrence and aggregate limits of not less than $15,000,000. If District's Umbrella policy provides excess liability protection for Distriet’s operations at the School and the School Tract as well as other locations, the Umbrella policy's aggregate limit shall be provided ona "per location" basis. 8.5.5, Deductibles under all insurance coverages required hereunder shall be disclosed in writing to RCA and shall be reasonably acceptable to RCA. 8.5.6. Such other insurance, and such other amounts of insurance, as RCA may reasonably require from time to time. Each of District's required insurance coverage described above must be purchased from insurance companies licensed to do business in the Commonwealth of Pennsylvania and which maintain current A.M. Best's ratings of A VIII or better. District agrees to furnish certificates (or, at RCA's request, policies) of the above-mentioned insurance, together with evidence of paid up premiums, to RCA (a) prior to the date District shall take title to the Township Tract and (b) thereafter, at least thirty (30) days prior to the renewal effective date of each insurance policy. All policy forms and certificates of insurance shall (x) name each of RCA and RCA's general partner, property manager and mortgagee as additional insureds thereunder and (y) state specifically that in the event of cancellation, non-renewal, or material change in coverage, RCA, and RCA’s general partner, property manager and mortgagee each shall be given at least thirty (30) days advance written notice of the effective date of such cancellation, non-renewal, ot material change in coverage. 9. Restriction Against Expansion of the School and Schoo! Tract Parking; Restriction Against Portable Classrooms, 9.1. No Expansion of the School, District shall not construct a building larger than 94,212 gross square fect (including basement areas) on the School Tract. 9.2. No Portable Classrooms. No portable classrooms may be constructed, installed or used on the School Tract, except in the event of emergency, including but not limited {o the need to provide classrooms due to the destruction of all or a part of the School or any other sets rn 10District school, in which case portable classrooms temporarily will be permitted on the School Tract for such limited periods of time as are necessary to provide relief in direct response to any such emergency. If the emergency need for portable classtooms relates to the destruction of other District schools (other than the School), then District will use all reasonable efforts to first attempt to locate any required portable classrooms on locations other than the Schoo! Tract. An "emergency", as contemplated hereby, is not intended to extend to the need for additional classrooms by reason of the size of the student population at the School or at any other District school. The construction, installation, use or removal of any portable classrooms permitted hereby shall in no case permit District to exceed the Peak Traffic Hours and other restrictions on Vehicles set forth in Section 8. 9.3. No Expansion of School Tract Parking, District shall not provide for or permit more than ninety-four (94) parking spaces on the School Tract (in addition to the parking spaces located on the RCA Schoo! Tract Parking Lot described in Section 11 below) (the "Maximum School Tract Parking Spaces"), and shall not permit parking on the bituminous playground or any other areas of the School Tract. The Maximum School Tract Parking Spaces, are as shown and depicted on the Plan and are comprised and consist of the following: (1) seventy-four (74) thereof (the "Base School Tract Parking Spaces"), and (2) twenty (20) thereof (the "Supplemental School Tract Parking Spaces’). 10. Restriction Against School Parking on RCA Tract. District shall not permit or allow any of the following: (1) use of the RCA Tract by students for any purpose, or (2) parking onany portion of the RCA Tract of vehicles related to the School or its use or maintenance, including but not limited to buses, or vehicles of parents of schoo! children, teachers or school staff. District shall at its cost post signs on the School Tract (and at RCA’s request, on the RCA Tract) notifying students, staff and the public of the foregoing restrictions, and adopt reasonable procedures to enforce such restrictions. District acknowledges that (a) RCA shall at all times be permitted itself to enforce the foregoing parking restrictions by towing, "booting" or other reasonable means, with the cost of such towing, "booting" or other means of enforcement to be paid for by District promptly upon its receipt of an invoice therefor if and to the extent that RCA incurs any cost therefor, and (b) RCA may otherwise take other legal means of enforcement against trespassers. 11. District Parking on RCA School Tract Parking Lot; Partial Release of Easement. Pursuant to a reservation in the Morgan’s Run Deed, the Township Tract is subject 10 a perpetual non-exclusive easement of ingress, egress and vehicular parking over an existing parking lot providing parking for approximately sixty six (66) vehicles, as shown on the Easement Plan and more fully described in Exhibit "13" (the "RCA School Tract Parking Lot"). District agrees that District shall not permit parking on the RCA School Tract Parking Lot of vehicles related to the School or its use or maintenance, ineluding but not limited to buses, or vehicles of parents of school children, teachers or school staff, from 7:00 a.m. to 5:00 p.m. on Business Days (the "School Parking Restriction"). In respect of the foregoing, RCA and District hereby agree to and confirm the following: LLL. District shall at its cost post signs restricting parking as provided above, and adopt procedures to enforce the School Parking Restriction. srt eeraaion mn11.2. RCA may (but is not obligated to) provide parking for its tenants, guests and invitees by permit. RCA shall at all times be permitted itself to enforce the School Parking Restriction by towing, "booting" or other reasonable means, with the cost of such towing, booting” or other means of enforcement to be paid for by Distriet promptly upon its receipt of an invoice therefor, if and to the extent RCA incurs any cost therefor. 11.3. RCA shall be responsible, at RCA’s sole cost, for the maintenance and repair of the RCA Schoo! Tract Parking Lot and for providing snow and ice removal services for the RCA School Tract Parking Lot, such maintenance and repair work and such services to be provided by RCA from time to time as RCA shall in its discretion determine the same is required. 11.4. RCA hereby covenants and declares that the portion of the easement over the southern end of the RCA School Tract Parking Lot necessary for the construction of the exit driveway of the School as shown on the Plan, and more particularly described in Exhibit "14" attached hereto, is hereby released, terminated, void and of no effect. 12, RCA Utility Easements and Declaration, Pursuant to a reservation in the Morgan’s Run Deed, the Township Tract is subject to certain easements and rights-of-way on the Township Tract, including but not limited to easements for electrical, site water, fire water, domestic water, sanitary sewer, storm drainage, general utilities, and rights-of-way, together with the right to maintain, repair and replace such easements as may be necessary (together, the "RCA, Utility Easements"), together with such other easements, rights and matters which are set forth in that certain Declaration of Radnor Corporate Center Covenants, Restrictions and Easements dated November 21, 1977 and recorded in the Office of Recorder of Deeds in and for Delaware County in Deed Book 2615, Page 364, as amended (the "Declaration"). In respect of the foregoing, RCA and District hereby agree to and confirm the following: 12.1. District shall be permitted to construct the School and other improvements shown on the Plan, provided that such work is performed in accordance with the terms and provisions of this Agreement and that the same does not interfere with or otherwise affect the RCA Utility Easements or the utility services to the RCA Tract that are or are intended to be provided thereunder or pursuant to the rights granted thereby. 12.2. RCA agrees and confirms that, subject to the foregoing, no provision of the Declaration shall be enforced against District. 13. Construction of School. District shall construct the School in material compliance with the Plan and in accordance with the Time Schedule. Any material revisions to the Plan proposed by District which require land development plan review and approval by the Commissioners of Township shall be subject to the approval of RCA, which approval may be given or withheld by RCA in its sole discretion, If the School and all other construction and improvements contemplated hereby (including such as are described in subsections 3.1 and 4.1, and Sections 13, 14 and 15 hereof) are not substantially complete on or prior to December 31, 2003, then RCA may, upon thirty (30) days advance written notice to District, terminate the Centennial Drive Easement; provided, however, that the December 31, 2003 outside completion seats tai RDdate shall be extended for such period of time as the construction of the School is delayed by force majeure. 14, Road, Traffic Signal and Centennial Drive Entrances Improvements. District shall substantially complete the construction of the road, traffic signal and Centennial Drive entrance improvements (including, without limitation, installation of computerized traffic signalization and timing systems at the Township's intersections in the area of the RCA Tract and the Schoo! Tract), all as set forth in the Road, Traffic Signal and Centennial Drive Entrances Improvement Plan attached to this Agreement as Exhi at its sole cost, in accordance with the Time Schedule, but in no event later than the initial opening of the School for classes. 15, Township Satellite Parking Lot. Township shall substantially complete construction of the Township Satellite Parking Lot identified in the Easement Plan, in accordance with the Township Satellite Parking Lot Improvement Plan attached to this Agreement as Exhibit "16", in accordance with the Time Schedule but in not event later than the date of initial opening of the School for classes. The costs of the foregoing shall be shared ‘equally by District and Township; provided, however, that notwithstanding any provision of this Agreement to the contrary, District's share of the construction costs for the Pedestrian Bridge and the Township Satellite Parking Lot shall not be greater than $450,000 and Township shall pay any construction costs not so allocated to District. On or before the completion of the Township Satellite Parking Lot, Township and District shall enter into a perpetual lease of the Township Satellite Parking Lot to District (which lease shall include an Easement for the location of a monument sign identifying "Radnor Elementary School" granted by Township to District over the Helipad Parcel at the location shown on the Easement Plan) in the form attached as Exhibit Bee 16. Self-Help; Enforcement; Enforcement Expenses. 16.1. Self-Help. If any party to this Agreement defaults in the performance of its obligations under this Agreement, the affected party or parties may perform the obligations of the defaulting party at the cost of such defaulting party, provided that the defaulting party first receives written notice of such default and a period of thirty (30) days to cure the default (or such longer period as may be reasonably necessary to cure such default provided that the defaulting party promptly commences to cure the default and diligently pursues the cure of the default). ‘The foregoing notice and cure provisions shall have no applicability (1) in the case of emergency, in which event only such notice as is reasonable under the circumstances shall be required, or (2) in the ease of a violation of the Peak Traffic Hours or other restrictions on Vehicles set forth in Section 8, in which event RCA shall immediately be permitted to seek enforcement of such restrictions as provided for in this Agreement or as otherwise may be available to RCA in law or by equity (which may include, without limitation, delivery of a notice of default thereof to District, whereupon District shall immediately cure any such default through institution of one or a combination of the traffic management procedures described in subsection 8.3.5, expressly including greater use of the Township Satellite Parking Parcel by parents, staff and maintenance personnel, or through institution of such other procedures or actions as shall be necessary to effect the cure). stn ss nim B16.2, Enforcement. Promptly upon receipt of notice concerning a default under this Agreement, the defaulting party shall cure the default (including specifically, but without limitation, the immediate cure by District of any breach of the Peak Traffic Hours or other restrictions on Vehicles set forth in Section 8 hereof). The parties agree that monetary damages shall not be an adequate remedy for any material breach of the covenants contained in this ‘Agreement and that, in addition to any other remedies available hereunder or at law, a party shall be entitled to injunctive or other equitable relief from any court of competent jurisdiction to restrain or prevent any such material breach or threatened material breach. [fother available traffic management procedures are not effective to restrict Peak Traffic Hours use as required by subsection 8.3, relief for the benefit of RCA may include, without limitation, (1) limiting the number of students attending the School for such period of time as is necessary and (2) prohibiting the use of parking spaces on the School Tract in excess of the seventy-four (74) Base School Tract Parking Spaces otherwise permitted pursuant to subsection 9.3 (in which case, at the direction of RCA and within five (5) days following such direction, (a) District, at its sole cost, shall remove and otherwise prohibit the use of all twenty (20) Supplemental School Tract Parking Spaces, (b) District, at its own cost, shall remove all parking space striping for each of the fourteen (14) Supplemental School Tract Parking Spaces located within the "turnaround" depicted on the Plan and install appropriate "no parking” signage within such "turnaround" area, and (c) District, at its own cost, shall restore the locations of all of the remaining six (6) Supplemental School Tract Parking Spaces to their natural state, grassed and otherwise landscaped to the reasonable satisfaction of RCA). Without limiting what other occurrences, actions or events might constitute a "material breach" of the covenants contained in this Agreement, it is expressly understood and acknowledged that a breach of the Peak Traffic Hours or other restrictions on Vehicles set forth in Section 8 shall be deemed to be such a "material breach". Further, it is expressly understood and acknowledged that District's agreement to the relief described above in subparagraphs (1) and (2) of this subsection 16.2 shall be deemed "proprietary" and not "governmental" as those terms are applied by the courts in construing the authority of school boards. At the express request of District, RCA has agreed, with reservation to permit District to use the Maximum School Tract Parking Spaces on the School Tract as set forth in subsection 9.3. RCA's agreement as aforesaid is given, limited and conditioned on and subject to the following: (i) RCA has explicitly given notice to District that it believes that the availability and use of parking spaces on the Schoo! Tract above the seventy-four (74) Base Schoo! Tract Parking Spaces could lead to a violation by District of the Peak Traffic Hours or other restrictions on Vehicles set forth in Section 8 hereof; (ii) RCA has further explicitly given notice to District that it would aggressively enforce the Peak ‘Traffic Hours and other restrictions on Vehicles set forth in Section 8 hereof in the event of a breach thereof, including, without limitation, exercise of its right set forth above in this subsection 16.2(2) to prohibit the use of any of the twenty (20) Supplemental Schoo! Tract Parking Spaces; (iii) District explicitly understands, agrees to and acknowledges the foregoing; and (jv) District further agrees that it will not argue before any court or other tribunal, in connection with any enforcement action, under this Agreement or otherwise, an argument to the effect that (or any similar argument to the effect that ) subsection 16.2(2) hereof is unenforceable or should not be enforced because RCA, should have known that the availability and use of parking spaces on the School Tract above the seventy-four (74) Base School Tract Parking Spaces could lead to a violation by District of the Peak Traffic Hours or other restrictions on Vehicles set forth in Section 8. sanatiscanion 1416.3. Enforcement Expenses. If any party to this Agreement initiates proceedings relating to the enforcement or interpretation of this Agreement, the substantially prevailing party in such proceedings shall be entitled to recover from the other its reasonable costs and expenses incurred in each such proceeding and any appeal therefrom, including but not limited to attorneys’, experts’, and witnesses' fees and costs. The court, arbitrator, or other presiding authority shall have discretion to award or allocate any such costs or expenses in whole or in part based on its assessment of the degree (o which either party prevailed relative to the claims, counterclaims, or defenses asserted in such proceeding. 17. Notices. Any notice, demand or other communication given or served by any party under this Agreement shall not be deemed to have been duly given or served unless writing and personally delivered or forwarded by postage prepaid certified or registered mail, retumn receipt requested, or by another commercially recognized means of delivery which, maintains delivery records (such as Federal Express), addressed as follows (or at such other address as a party may hereafter designate for itself by notice to the other parties as required hereby): If to District: School District of the Township of Radnor Administration Building 135 South Wayne Avenue ‘Wayne, Pennsylvania 19087-4194 Attention: President Board of School Directors If to Township: ‘Township of Radnot 301 Iven Avenue ‘Wayne, Pennsylvania 19087 Attention: President Board of Ifto RC. Radnor Center Associates clo The Rubenstein Company, LP. 4100 One Commerce Square 2005 Market Street Philadelphia, Pennsylvania 19103-7041 ‘Attention: Chairman A copy of each notice, demand or other communication given under or pursuant to this, ‘Agreement shall be given and sent to each other party to this Agreement senauis nave 1s18. Property Exchange Agreement. To the extent that the terms of this Agreement are inconsistent with the Property Exchange Agreement, this Agreement shall control, 19, Time of the Essence. All times, wherever specified herein or in any Exhibit hereto for the performance by a party of its respective obligations hereunder, are of the essence of this Agreement. 20. Computation of Time. In computing any period of time pursuant to this Agreement, the date of the act, default or other event from which the designated period of time begins to run will not be included. The last day of the period so computed will he included unless it is not a Business Day, in which event the period runs until the end of the next day which is a Business Day. 21. Authorship. Each of the parties has actively participated in the negotiation and drafting of this Agreement and each has received independent fegal advice from attomeys of its choice with respect to the advisability of making and executing this Agreement. In the event of any dispute or controversy regarding authorship of this Agreement, the patties will be conclusively deemed to be the joint authors of this Agreement and no provision of this Agreement will be interpreted against a party by reason of authorship. 22, Severability. If any provision of this Agreement shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of any such provision will in no way affect the validity or enforceability of any other provision of this Agreement. 23,. Entire Agreement. The Exhibits attached hereto are included in and are deemed a part of this Agreement. The terms set forth in this Agreement, including in the Exhibits hereto, are intended by the parties as a final expression of their agreement with respect to such terms and may not be contradieted by evidence of any prior agreement or of any contemporaneous oral agreement. This Agreement may not be amended or modified by any act of conduct, unless reduced to a writing signed by the patties. 24. Binding Effect, Benefit. The covenants, restrictions and easements contained in this Agreement are appurtenant and shall bind the parties and their respective successors and. assigns in ownership of the affected properties, and shall run with and bind the affected properties. This Agreement is intended only to benefit Township, District and RCA, and no other party shall have rights hereunder as a third party beneficiary or otherwise. 25. Recording.. This Agreement may be recorded in the office of the Recorder of Deeds in and for the County of Delaware, Pennsylvania, by any party to this Agreement. 26. Controlling Law. This Agreement shall be interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 27. Counterparts. This Agreement may be executed in one or more counterpart copies, each of which shall be deemed an original and all of which taken together shall be deemed to constitute one and the same instrument. It shall not be necessary in making proof of this Agrcement or any counterpart hereof to produce or account for any of the other counterparts, serauieiacim 16IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year set forth above. SCHOOL DISTRICT OF THE ATTEST: TOWNSHIP OF RADNOR By: __ eae ‘Name: Paul Yakulis Title: President, Board of School Directors ATTEST: TOWNSHIP OF RADNOR ines ‘ By Name: Clinton A. Stuntebeck Title: President RADNOR CENTER ASSOCIATI By: — The Rubenstein Company, L.P., a Delaware limited partnership, General Partner By: TRC Realty, Inc.-GP, ‘a Pennsylvania corporation ‘Managing General Partner ATTEST: He #asEIEEEIBIEE Re eee eee Frank J, Ferro Mark E. Rubenstein Secretary Chairman satin 7STATE OF PENNSYLVANIA Ss. COUNTY OF PHILADELPHIA ON THIS, the __ day of. , before me, a Notary Public for the State and County as aforesaid, the undersigned Officer, personally appeared Mark E. Rubenstein, who is either known to me or identified satisfactorily, as the Chairman of TRC Realty, Ine.-GP, a Pennsylvania corporation and the managing general partner of The Rubenstein Company, LP., a Delaware limited partnership and itself the sole general partner of Radnor Center ‘Associates, 2 Pennsylvania limited partnership, and who acknowledged to me that he, being authorized to do so, executed the foregoing instrument on behalf of and in the capacities stated above, for the purposes therein contained. IN WITNESS WHEREOF, | hereunto set my hand and notarial seal. {NOTARIAL SEAL] Notary Public My Commission ExpiresSTATE OF PENNSYLVANIA ss. COUNTY OF 7 ON THIS, the ___ day of ,___, before me, a Notary Public for the State and County as aforesaid, the undersigned Officer, personally appeared Paul Yakulis, who is either known to me or identified satisfactorily, as the President of the Board of School Directors of School Distriet of the Township of Radnor, and who acknowledged to me that he, as President being authorized to do so, executed the foregoing instrument on behalf of the Radnor ‘Township School District as such President, for the purposes therein contained. IN WITNESS WHEREOF, | hereunto set my hand and notarial seal. [NOTARIAL SEAL] z Notary Public My Commission Expires:STATE OF PENNSYLVANIA ss. COUNTY OF ON THIS, the dayof_— , before me, a Notary Public for the State and County as aforesaid, the undersigned Officer, personally appeared Clinton A. Stuntebeck, who is either known to me or identified satisfactorily, as the President of the Board of Commissioners of the Township of Radnor, a Home Rule Municipality, and who acknowledged to me that he, as President being authorized to do so, executed the foregoing instrument on behalf of the Township of Radnor as such President, for the purposes therein contained. IN WITNESS WHEREOF, | hereunto set my hand and notarial seal. [NOTARIAL SEAL] Notary Public My Commission Expires:STATE OF PENNSYLVANIA ss. COUNTY OF _ ON THIS, the ___ day of | , before me, a Notary Public for the State and County as aforesaid, the undersigned Officer, personally appeared Clinton A. Stuntebeck, who is either known to me or identified satisfactorily, as the President of the Board of Commissioners of the Township of Radnor, a Home Rule Municipality, and who acknowledged to me that he, as President being authorized to do so, executed the foregoing instrument on behalf of the Township of Radnor as such President, for the purposes therein contained. ESS WHEREOF, | hereunto set my hand and notari [NOTARIAL SEAL] Notary Public My Commission Expires:CONSENT AND JOINDER BY MORTGAGEE THE COMPTROLLER OF THE STATE OF NEW YORK AS TRUSTEE OF THE COMMON RETIREMENT FUND (the "Mortgagee"), the holder of a certain Open- End Mortgage and Security Agreement and Assignment of Leases and Rents (the "Mortgage") dated December 17, 1998, and recorded on December __, 1998 in the Office of the Recorder of Deeds for Delaware County, Pennsylvania, in Volume 1324, Page 951, secured, inter alia, by the Mortgaged Property as defined therein (the "Mortgage"), does hereby consent to the execution, delivery and recording of the foregoing Covenants, Restrictions and Easements Agreement (the “"Agreement"), on and subject to the following supplemental terms, conditions and provisions: 1. By consenting to the Agreement, Mortgagee does not undertake or assume any of the obligations or responsibilities of any of the parties thereunder, but agrees that the lien of the Mortgage shall be subject and subordinate to the Agreement as if such Agreement had been recorded in the Office of the Recorder of Deeds for Delaware County, Pennsylvania, prior to the recordation of the Mortgage. 2. Mortgage shall not: (a) be liable for any act or omission of any party under the Agreement, or (b) be subject to liability to any person for any breach of the Agreement, or (c) be bound by any amendment or modification to the Agreement made without its prior written consent. IN WITNESS WHEREOF, Mortgage has duly executed and delivered this, Consent and Joinder by Mortgagee this __day of : ‘THE COMPTROLLER OF THE OF NEW YORK AS TRUSTEE 0} COMMON RETIREMENT FUND rATE THE, Name: Title:STATE OF NEW YORK ss. COUNTY OF NEW YORK ON THIS, the day of _ + __, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared _, who acknowledged himselftobethe of The Comptroller of the State of New York as Trustee of the Common Retirement Fund, and that he, in such capacity, being authorized to do so, executed the foregoing instrument for the purposes therein contained, on behalf of The Comptroller as aforesaid, and desired that the same might be recorded as such. IN WITNESS WHEREOR, I hereunto set my hand and notarial seal. [INOTARIAL SEAL} Notary Public My Commission Expires:Exhibit "EP" Easement Plan Drawing No. 972602-01 prepared by Rettew Associates, Inc., dated May 14, 1999, last revised October 13, 1999, consisting of 8 sheets, intended to be recorded prior to or contemporaneously with this Agreement.Description of the Petersen Tract ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon ‘erected. Situate in Radnor Township, Delaware County, Pennsylvania, bounded and described according to a Survey prepared by Momence Survey Group, Inc., Professional Land Surveyors of Bryn Mawr, PA, dated January 16, 1997 and last revised February 11, 1998. BEGINNING at a point formed by the intersection of the center line of King of Prussia Road as Jaid out 33 feet wide and the Southeasterly side ofa Private Road extended as laid out at the width of 40 feet called Hares Lane; thence extending along the center line of King of Prussia Road North 21 degrees 53 minutes 28 seconds West 520.81 feet to a point; thence leaving said road by land now or formerly of Janet Zansky and also by land now or formerly of Stephen F. Fisher and Thalia E. Fisher North 67 degrees 55 minutes 31 seconds East 366.01' to a point; ‘hence still by land of Fisher the three following courses and distances: (1) North 16 degrees 41 minutes 29 seconds West 12.50 feet to a point; (2) North 67 degrees 55 minutes 31 seconds East 200.00 feet to a point; (3) North 16 degrees 41 minutes 29 seconds West 14.50 feet to a point; thence still by land of Fisher and also by land now or formerly of Richard Gwinn & Brita Gwinn North 67 degrees 55 minutes 31 seconds Bast 456.07' to a point; thence still by land now or formerly of Richard Gwinn & Brita Gwinn South 24 degrees 05 minutes 07 seconds East 214.82 feet to a point in the center line of Hares Lane; thence along said center line the (3) three following courses and distances: (1) along an arc curving to the left having a radius of 1,610 feet and an are distance of 308.67 feet (the chord of South 29 degrees 56 minutes 41 seconds West 308.20 feet) to a point of reverse curve; (2) along an are curving to the right having a radius of 460.00 feet and an arc distance of 275.07 feet (the chord of South 42 degrees 41 minutes and 00 seconds West 271.00 feet) to a point of compound curve; (3) along an are curving to the right having a radius of 1,525 feet, an arc distance of 200,75 feet (the chord of South 64 degrees 41 minutes 00 seconds West 200.60 feet) to a point; thence South 21 degrees 29 minutes 00 seconds East 20.00 feet to a point on the Southerly side of Hares Lane; thence along the southerly side of Hares Lane by land now or formerly of Radnor Township South 68 degrees 31 minutes 00 seconds West 345.30 feet to the first mentioned point and place of beginning, CONTAINING 10.839 acres of land be the same more or less.Exhibit "2" Description of the Township Tract Beginning at a point on the South side of Hares Lane, a private road (40 feet wide) and a point being along the East side of King of Prussia Road 16.56 feet from the centerline of King of Prussia Road, then crossing the ultimate right-of-way of King of Prussia Road along the South side of Hare's Lane north 68 degrees 31 minutes east 328.74 feet to a point, thence leaving the South side of Hare's Lane North 21 degrees 29 minutes West 20.00 fect to a point of curve on the centerline of Hare's Lane, thence along the centerline of Hare's Lane the following two courses and distances; (1) along the are of a circle curving to the left with a radius of 1525.00 feet, a distance of 200.75 feet to a point, (2) along the are of a circle curving to the left with a radius of 460.00 feet, a distance of 40.01 feet to a point of tangent, thence leaving the centerline of Hare's Lane South 25 degrees 16 minutes 20 seconds Bast crossing a driveway to a certain parking lot 580.45" to a point on the centerline of Matsonford Road (57 feet wide), thence along the centerline of Matsonford Road North 85 degrees 47 minutes 55 seconds West 175,12 feet to a point of curve, thence still along the centerline of Matsonford Road, along the arc of a circle curving to the left with a radius of 956.93 fect, a distance of 345.72 fect to a point of tangent, thence still along the centerline of Matsonford Road South 73 degrees 30 minutes 05 seconds West 86.32 feet to a point on the East side of King of Prussia Road, said point being 16.77 feet from the centerline of King of Prussia Road, thence along the East side of King of Prussia Road North 26 degrees 22 minutes West 365.00 feet to a point and place of beginning. Said area herein deseribed being 5.684 acres.Exhibit “3" Description of the RCA Tract ALL THAT CERTAIN tract or parcel of land, together with the buildings and improvements thereon, situate in the Township of Radnor, County of Delaware and Commonwealth of Pennsylvania, being shown on a plan entitled "ALTA-ACSM Land Title Survey, Plan of Radnor Comporate Center, plan prepared for Radnor Center Associates, a Pennsylvania limited partnershij prepared by Yerkes Associates, Inc., West Chester, Pennsylvania, dated July 16, 1993, last revised and updated on September 14, 1998, sheets 1 and 2 of 2, and being more particularly described as follows: BEGINNING at a point in the bed of Hare's Lane (40 feet wide, private), said point being located the four (4) following curses and distances from the intersection of the title Tine in King of Prussia Road with the Southerly side line of Hare's Lane: (1) along the Southerly side line of Hare's Lane, North 68 degrees 31 minutes 00 seconds East, 345.30 feet to a point; (2) thence, North 21 degrees 29 minutes 00 seconds West, 20.00 fect to a point in the bed of Hare's Lane; (3) ‘thence in the bed of Hare's Lane, on the arc ofa circle eurving to the left, having a radius of 1525.00 fect, an arc distance of 200.75 feet and a chord bearing and distance of North 64 degrees 41 minutes 0 seconds East, 200.60 feet to a point; (4) thence in the same, on the are of a circle curving to the left, having a radius of 460,00 feet, an arc distance of 40,01 feet and a chord bearing and distance of North 58 degrees 29 minutes 00 seconds East, 40.00 feet to the point and place of beginning: thence from said point of beginning extending in the bed of Hare's Lane the following seven (7) courses and distances: (1) on the arc of a circle curving to the left, having a radius of 460.00 feet, an are distance of 235.07 fect and a chord bearing and distance of North 40 degrees 11 minutes 30 seconds East, 232.52 fect to a spiko; (2) thence on the arc of a circle curving to the right, having a radius of 1610.00 feet, an arc distance of 325.59 fect and a chord bearing and distance of North 30 degrees 14 minutes 45 seconds East, 325.04 feet to a point; (3) thence, North 44 degrees 00 minutes 25 seconds East, 151.10 feet to a point; (4) thence, North 53 degrees 26 minutes 25 seconds East, 151.10 feet to a point; (4) thence, North 53 degrees 26 minutes 25 seconds East, 192.20 feet to a point; (5) thence, North 66 degrees 19 minutes 25 seconds East, 123.75 feet to a point; (6) thence, North 61 degrees 19 minutes 25 seconds Bast, 116.40 feet to a spike; (7) thence, North 63 degrees 27 minutes 05 seconds East, 193.30 feet to a spike; thence leaving the bed of Hare's Lane and along a Southwesterly line of land now or formerly of Michele B. and Monica B, Metrinko, South 31 degrees 21 minutes 55 seconds East, 14.01 feet to an iron pin; thence along the Southerly line of said Michele B. and Monica B. Metrinko, North 58 degrees 38 minutes 05 second East, 518.99 fect to an iron pin in the Westerly line of land now or formerly of the township of Radnor; thence along said lands South 31 degrees 43 minutes 55 seconds East, 359.15 feet to an iron pin; thence along the same, South 62 degrees 10 minutes 05 seconds East, 424.70 feet to an iron pin; thence along the Southeasterly line of lands now or formerly of 220, Inc., South 63 degrees 50 minutes 55 seconds East, 117.69 feet to an iron pin; thence along the Westerly line of lands now ot formerly of 220, Inc. Exhibie“3" Page I of 2 Pagesand lands now or formerly of Peter J. and Kathleen E. McDonald, South 23 degrees 55 minutes 15 seconds East, 499.20 fect to a point on the Northerly side line of Matsonford Road (width varies); thence along said Northerly side line the following seven (7) courses and distances: (1) South 49 degrees 41 minutes 20 seconds West, 25.10 fect to a point of curve; (2) thence on the are of a circle curving to the right having a radius of 1879.86 feet, an arc distance of 182.64 feet and a chord bearing and distance of South 52 degrees 28 minutes 20 seconds West, 182.57 feet to a point of tangent; (3) thence, South 55 degrees 15 minutes 20 seconds West, 83.58 feet to a point of curve; (4) thence on the are of a circle curving to the right, having a radius of 1879.86 feet, an arc distance 0f 317.15 feet and a chord bearing and distance of South 60 degrees 05 minutes 19 seconds West, 316.77 feet to a point of tangent; (5) thence, South 64 degrees 55 minutes 20 seconds West, 634.06 feet to an iron pin; (6) thence on the arc of a circle curving to the right, having a radius of 922.93 feet, an arc distance of 392.53 feet and a chord bearing and distance of South 82 degrees 00 minutes 37 seconds West, 389.57 feet to a point of tangent; (7) thence, North 85 degrees 48 minutes 20 seconds West, 585.88 feet to an iron pin; thence along the Basterly line of lands now or formerly of the Township of Radnor, North 25 degrees 16 minutes 20 seconds West, 545.54 feet to the first mentioned Point and Place of Beginning. CONTAINING Fifty Three and Bight Hundred Ninety-Three One Thousandths of an acre (53.893 acres) (2,347,570 square fect), be the same more or less. BEING Tract | as shown on the above-mentioned Plan. BEING Folio No. 36-02-01239-01. BEING part of the same premises which Radnor Corporate Center Business Trust, a Pennsylvania business trust, successor by merger to Morgan's Run Corporation, by Deed dated June 30, 1994, and recorded July 8, 1994, in the Office for the Recording of Deeds in and for Delaware County, Pennsylvania, in Volume 1275, Page 1836, granted and conveyed unto Radnor Center Associates, a Pennsylvania limited partnership, its successors and assigns, in fee. Exhibit *3" Page 2 of 2 PagesExhibiea" Description of the Environmental P Description of Lot 2 for Radnor Township School District Radnor Township, Delaware County, Pennsylvania ALL THAT CERTAIN lot situate on the northwest side of Hares Lane in Radnor Township, Delaware County, Pennsylvania; being known as Lot 2 as shown on a plan prepared by RETTEW Associates, Inc., dated March 15, 1999, drawing number 972602-01, and being more fully bounded and described as follows: BEGINNING AT A POINT on the centerline of Hares Lane, a comer of Lot 1; thence along the same N 63° 23" 53” W, a distance of 497.37" to a point in line of land, now or late, of Steven F. and Thalia E, Fisher, thence along the same the following two courses and-distances: 1) N 67° 55° 31” E, a distance of 88.83" to a point, and 2) N 16° 41’ 29” W, a distance of 14.50’ to a point; thence along the same and along tand, now or late, of Richard and Brita Gwinn, respectively, N 67° 55° 31” E, a distance of 456.07" to a point; thence continuing along lands, now or late, of Richard and Brita Gwinn, $ 24 05' 07" B, a distance of 214.82" to a point on the centerline of Hares Lane; thence along the same on a line curving to the left having a radius of 1610.00", an arc distance of 284.66", the chord of said arc being $ 30° 22° 19” W, a distance of 284.29" to the POINT AND PLACE OF BEGINNING. CONTAINING: 3.000 acres. SUBJECT TO a 20° wide access easement extending through the northern portion of this lot as shown on the above-referenced plan,Extibit "5" Description of the Schoo! Tract Description of Lot | for Radnor Township School District Raduor Township, Delaware County, Pennsylvania ALL THAT CERTAIN lot situate on the northeast comer of the intersection of King of Prussia Road (SR 1021) and Matson Ford Road (SR, 1038) in Rednor Township, Delaware County, Penasylvania; being knowsi as Lot I as shown on a plan prepared by RETTEW Associates, Inc., dated March 15, 1999, drawing, number 972602-01, and being more fully bounded and described as follows: BEGINNING AT A POINT on or near the centerline of King of Prussia Road; thence along land, now or late, of Janet Zansky and land, now or late, of Steven F. and Thalia E. Fisher, respectively, N 67° 55° 31” E, a distance of 366.01’ to a point; thence continuing along land of Steven F. and Thalia E, Fisher, the following two courses and distances: 1) N 16° 41° 29” W, a distance of 12.50" to a point, and 2) N 67° 55° 31” B, a distance of 111.17" to a point, a comer of Lot 2; thence along the’same $ 63° 23° 53” E, a distance of 497.37" to a point on the centerline of Hares Lane; thence along the same the following two courses and distances: 1) on a line curving to the left having a radius of 1610.00", an are distance of 24.01", the chord of said arc being S 24° 52" 46” W, a distance of 24.01" to a point, and 2) on a line curving to the right having a radius of 460,00’, an are distance of 235.07’, the chord of said are being $ 40° 11" 30” W, a distance of 232.52” to a point; thence along land, now or late, of Radnor Center Associates, S 25° 16° 20” E, a distance of 580.45" to a point in Matson Ford Road; thence in and along the same the following three courses and distances: 1) N 85° 47" 55” W, a distance of 175.12 to a point, 2) on a line curving to the left having a radius of 956.93", an arc distance of 345.72”, the chord of said arc being $ 83° 51° 05” W, a distance of 343.85” to a point, and 3) S 73° 30” 05” W, a distance of 86.32" to a point in King of Prussia Road; thence in and along the same the following three courses and distances: 1) N 26° 22° 00” W, a distance of 365.00" to a point, 2) S 68° 31” 00” W, a distance of 16.56" to a point on or near the centerline of King of Prussia Road, and 3) N 21° 53° 28” W, a distance of $20.81 to the POINT AND PLACE OF BEGINNING. CONTAINING: 13.522 acres.Exhibit "6" ‘Time Schedule ‘Task Final Land Development Approval Rezoning of Petersen Tract to PLU Subdivision of Township Tract Subdivision of Environmental Park Exchange of Township Tract for Environmental Park Execution of Township Satellite Parking Lot Lease Agreement Complete Environmental Park Improvements* Complete District Road, Traffic Signal and Centennial Drive Entrances Improvement Work Complete Township Satellite Parking Lot Complete Pedestrian Bridge Construction Construction of School Bid Package/Award ‘Target Completion Dates August 16, 1999 August 16, 1999 August 16, 1999 August 16, 1999 January, 2000 August, 2000 a July, 2001 July, 2001 July, 2001 July, 2001 January/February 2000 {Subject to delay due to location of construction headquarters in Petersen house.) Exhibit "6" Page 1 of 2 PagesInitial Site Preparation and Mobilization Hares Lane Relocated Temporary Road and Parking Erosion Control, Construction Fencing Utilities and initial site demolition Construetion Phase I ~ Substantial Completion Begins 1 month after Initial Site Preparation Site Grading, Well Field, Retention System Temporary Seeding, Site Utilities, Traffic Signals Curbs and sidewalks, asphalt paving Demo existing residence, landscaping seeding, sodding Lower Level construction and finishing, Construction Phase II — Substantial Completion Begins 2 months after Initial Site Preparation Backfill retaining wall, prep building pad Foundations, load bearing masonry : Underground plumbing and electrical Upper Level Construction and Finishing Final Punch Lists and off-gassing period School Opening Exhibit "6" Page 2 of 2 Pages 8 weeks ~ commence February/March 2000 July, 2001 July, 2001 August/September 2001 September 2001Exhibit "7" Environmental Park Improvement Plan 1, The Environmental Park will be improved as provided in Sheet 7 (Layout) and Sheet 16 (Landscaping and Lighting) of the Plan. 2. With the objective of preserving habitat for wildlife, the atea of the Environmental Park inside of the Pedestrian Path (exclusive of the site of the Petersen house) will remain in its current natural state. Fallen trees and brush will not be removed, except as necessitated by best forest management practices from time to time. 3. Thearea be graded and seeded. jurbed by the demolition of the existing Petersen house and pool willPedestrian Bridge Improvement Plan Single sheet plan "Bridge Treatment C2" prepared by Boyles, Smyth Associates, Inc, dated June 2, 1999; "updated" August 12, 1999.Key elements in the conceptual design: * bridge to be finished in light colors and tones with minimurn visual Impact fo surroundings. Color samples will be fleld tested and reviewed, ~Badestian safely wih plzing thor han screening), a hana and 2 minimum height keekBoard. Giazing wil inctude marginal openings to provide wealher protection, But aso allow natural Ventation, + medations designed for use in the Schoo! wit be incorporated in the: elevations, as shown, wilh exact size and color lo be determined in ‘ongoing design, * Township symbols wil be incorporated (in simple bas rl nto tho bridge portal designs (ond vu), wh datas tobe determined in ongoing design Cnn GILBER eeeExhibit "9" Description of the Township Satellite Parking Parcel Beginning at a point on the center line of Matsonford Road, and a point being on the East side of King of Prussia Road 16.77 feet from the center line of King of Prussia Road; then along the centerline of Matsonford Road North 73 degrees 30 minutes 05 seconds East 86.32 feet to a point of curve thence still along the centerline of Matsonford Road along the arc of a circle curving to the right with a radius of 956.93 feet, a distance of 345.72 feet, the chord of which bears north 83 degrees 51 minutes 5 seconds east 343.85 feet to a point of tangent, thence still along the centerline of Matsonford Road South 85 degrees 47 minutes 55 seconds East 160.12 feet to a point, thence leaving the centerline of Matsonford Road crossing over the South right-of-way of road South 11 degrees 22 minutes West 440.65 feet to a point, thence South 66 degrees 42 minutes 50 seconds West 228.95 feet to a point, thence along the are of a circle curving to the right with a radius of 42.00 feet, a distance of 63.71 feet, the chord of which bears North 69 degrees 49 minutes 48 seconds West 57.78 feet, thence along a line South 63 degrees 38 minutes West 7.50 fect to a point being along the East side of King of Prussia Road, thence along the East side of King of Prussia Road North 26 degrees 22 minutes West 509.34 feet to a point and place ig. Said area herein described being 4.884 acres.Exhibit "10" Description of the Helipad Parcel ALL THAT CERTAIN tract of land, situate in the Township of Radaor, County of Delaware and Commonwealth of Pennsylvania, being shown on a plan entitled “ALTA-ACSM Land Title Survey, Plan of Radnor Corporate Center, plan prepared for Radnor Center Associates, 2 Pennsylvania limited partnership", prepared by Yerkes Associates, Iac., West Chester, Pennsylvania, dated July 16, 1993, last revised and certified on December 7, 1994, sheews 1 and 2 0f2, and being more particularly deseribed ts follows: BEGINNING AT AN iron pin on the Southerly side of Matsonford Road (57° wide), said point being locaved the seven (7) following courses and distances from the intersection of the title line in ‘King of Prussia Road with the Southerly side line of Hare's Lane (40° wide, privatc): (1) along the Southerly side line of Hare's Lane, N 68° 31° 00" E, 345.30" to a point; (2) thence, N 21° 29° 00" W, 20.00" to a point in the bed of Hare's Lane; (3) thence in the bed of Hare's Lane, on the ave of a circle curving to the left, having a radius of 1,525.00", an are distance of 200.75" and a ‘chord beating and distance of N 64° 41° 00° 2, 200.60" to a point; (6) thence in the same, on the are of a circle curving to the left, having a radius of 460,00", an are distance of 40.01” and a chord. bearing and distance of N 58° 29" 00" B, 40.00" to a point; (5) thence along the Easterly Jine of Jands now or formerly of the Township of Radnor, $ 25° 16° 20° E, 587.63" to a point in the bed ‘of Matsonford Road; (6) thence in the bed of Marsonford Road, N 85° 40° 00” W, 15.00" to a Point; (7) thence, S 11° 22" 00" W, 20.56" zo the point and place of beginning; thence extending along the Southerly side line of Matsonford Road, $ 85° 48" 20" E, 363.90" to as point; thence along the Westerly line of a road (not named), $ 40° 26° 40” B, 73.68" to a point: thence along the same, on the are of a circle curving to the left, having a radius of 341.56", an arc distance of 6.47" and a chord bearing and distance of $ 10° 57° 57" E, 66.36" to a point of reverse curve; ‘thence along the same, on the are of a circle curving to the right, having a radius of 40.00", an arc distance of 56.87" and a chord bearing and distance of $ 24° 11° 26” W. 52.20' to a point on the Northerly side line of Old Matsonford Road (width vatits); thence along said side line, $ 66" 42" 50" W, 525.88’ to a spike, thence along the Bastecly lint of lands now or formerly of the ‘Township of Radnor, N 11° 22" 00" B, 411.42’ to the first mentioned point and place of beginning. CONTAINING: 2.831 acres. ionoraéendi eeu docExhibie "1" Description of Centennial Drive Description of Centennial Drive for Radnor Township School District Radnor Township, Delaware County, Pennsylvania ALL THAT CERTAIN strip of land situate on the north side of Matson Ford Road (SR 1038) in Radnor Township, Delaware County, Pennsylvania; comprising Centennial Drive as shown on 2 Plan prepared by RETTEW Associates, Inc. dated May 14, 1999, drawing number 972602-01, and being more fully bounded and described as follows: BEGINNING AT A POINT on the centerline of Hares Lane, a comer of land of Radnor ‘Township; thence along the centerline of Hares Lane and along land of Radnor Township School District on a line curving to the left having a radius of 460.00°, an arc distance of 72.31", the chord of said are being N 50° 19° 40” E, a distance of 72.24” to a point; thence extending through land of Radnor Cénter Associates the following cighteen courses and distances: 1) on a line curving to the right having a radius of 62.00”, an arc distance of 4.70’, the chord of said arc being $ 13° 03" 43” B, a distance of 4.70" to a point; 2) on a line curving to the left having a idius of 50.00", an are distance of 105.87", the chord of said are being $ 71° 327 53” E, a distance of 87.17" to a point; 3) N 31° 30° 10” E, a distance of 145.47" to a point, 4) on a line curving to the right having a radius of 514,00", an arc distance of 67.24”, the chord of said are being N 35° 15° 02” B, a distance of 67.19" to a point, 5) N 38° 59° 54” E, a distance of 360.77" to a point, 6) on a fine curving to the right having a radius of 1,014.00”, an arc distance of 430.82’, the chord of said are being N 51° 10” 12” E, a distance of 427.58" to a point, 7) N 63° 20' 29” E, a distance of 239.82" to a point, 8) on a line curving to the right having a radius of 499.00", an arc distance of 541.85", the chord of said are being $ 85° 33° 01” E, a distance of 515.62" toa point, 9) $ 54° 26° 32" E, a distance of 77.69" to a point, 10) on a line curving to the left having a radius of 1,736.00", an are distance of 218.61’, the chord of said arc being $ 58° 02" 59” E, a distance of 218.47" to a point, 11) S 61° 39° 26” E, a distance of 223.26" to a point, 12) on a line curving to the right having a radius of 179.00', an are distance of 166,84”, the chord of said arc being S 34° 57” 19” E, a distance of 160.87" to a point, 13) on a line curving to the right having a radius of 646.96", an are distance of 261.15", the chord of said arc being $ 03° 18" 39° W, a distance of 259.38" to a point, 14) on a fine curving to the right having a radius of 200.00,Page 2 of 4 an arc distance of 50.70°, the chord of said arc being S 22° 08" 15” W, a distance of 50.57" toa point, 15) om a line curving to the right having a radius of 397.21”, an arc distance of 164.46", the chord of said arc being S 41° 15° 42” W, a distance of 163.29" to a point, 16) ona line curving to the left having a radius of 60.00’, an are distance of 57.91", the chord of said arc being S 25° 28° 27” W, a distance of 55.69" to a point, 17) on a line curving to the left having a radius of 16.99", an are distance of 10.13’, the chord of said are being S 19° 15° 02” B, a distance of 9.98" to a point, and 18) on a line cirving to the left having a radius of 48.73’, an are distance of 74.33", the chord of said are being $ 80° 01" 30” E, a distance of 67.33" to a point on the northwest right-of-way line of Matson Ford Road; thence along the same on a line curving to the right having a radius of 2,054.47", an are distance of 177.77, the chord of said are being § 59° 53° 20” W, a distance of 177.71’ to a point; thence extending through land of Radnor Center Associates the following twenty-four courses and distances: 1) on a line curving to the left having a radius of 85.63", an arc distance of 38.82’, the chord of said arc being N 51°24” 22” F, a distance of 38.49" to a point, 2) on a line curving to the left having radius of 47.66", an are distance of 59.18", the chord of said are being N 00° 20° 21” B, a distance of 55.45" to a point, 3) N 35° 13° 47” W, a distance of 24.54” to a point, 4) on a line curving to the right having a radius of 51.51", an are distance of 71.26’, the chord of said are being N 04° 23° 51” E, a distance of 65.71’ toa point, 5) on a line curving to the left having a radius of 401.78", an arc distance of 410.70", the chord of said are being N 31° 48” 54” E, a distance of 393.05" to a point, 6) on a line curving to the left having a radius of 618.967, an arc distance of 86.32’, the chord of said are being N 04° 15 29” W, a distance of 86.25" to a point, 7) on a line curving to the left having 4 radius of 151.00", an are distance of 140.74’, the chord of said are being N 34° 57" 19” W, a distance of 135.70" to a point, 8) N 61° 39° 26” W, a distance of 223.26" to a point; 9) on a line curving to the right having a radius of 1,764.00", an arc distance of 222.14”, the chord of said are being N 58° 02" 59” W, a distance of 221.99" to a point, 10) N 54° 26" 32” W, a distance of 77.69" to a point, 11) on a fine curving to the left having a radius of 471.00", an are distance of 511.45", the chord of said are being N 85° 33° 01” W, a distance of 486.69" to a point, 12) $ 63° 20° 29” W, a distance of 239.82” to a point, 13) on a fine curving to the left having a radius of 986.00", an arcPage 3 of 4 distance of 418.92, the chord of said are being S 51° 10° 12” W, a distance of 415.78" to a point, 14) S 38° 59" 54” W, a distance of 360.77" to a point, 15) on a line curving to the left having a radius of 486.00", an arc distance of 103.54”, the chord of said arc being $ 32° 53" 43" W, a distance of 103.34" to a point, 16) S 26° 47° 32” W, a distance of 113.58’ to a point, 17) ona line curving to the left having a radius of 180.00", an arc distance of 163.31’, the chord of said arc being $ 00° 48° 04” W, a distance of 157.76" to a point, 18) $ 25° 117 23” E, a distance of 217.65" to a point, 19) on a line curving to the left having a radius of 126.00", an arc distance of 142.26", the chord of said are being S 57° 32’ 03” E, a distance of 134.82" to a point, 20) $ 87° 16° 50” E, a distance of 101.66" to a point, 21) on a line curving to the left having a radius of 44.00", an arc distance of 28.62°, the chord of said are being N 74° 04” 58” B, a distance of 28.12’ to a point, 22).N 55° 26° 46” E, a distance of $7.22’ to a point, 23) on a li ie curving to the right having a radius of 106.13", an are distance of 210.60", the chord of said arc being $ 66° 40° 52” E, a distance of 177.71 to a point, and 24) on a ine curving to the left having a radius of 61.00", an are distance of 86.04", the chord of said are being $ 45° 44° 43” B, a distance of 79.08" to a point on the north right-of-way line of Matson Ford Road; thence along the same N 85° 29° 38” W, a distance of 158.64" to a point; thence extending through land of Radnor Center Associates the following nine courses and distances: 1) on a curving to the left having a radius of 44.32", an are distance of 55.74", the chord of said arc being N 58° 09° 41” Ba distance of 52.14" to a point, 2) on a line curving to the left having a radius-of 30.00", an are distance of 26.32, the chord of said arc being N 02° 59° 45” W, a distance of 25.48" to a point, 3) on a line curving to the left having radius of 56.50", an are distance of 87.97’, the chord of said are being N 72° 43’ 47° W, a distance of 79.35" to a point, 4) S 62° 39° 59” W, a distance of 50.31” to a point, 5) on a line curving to the right having a radius of 84.00", an arc distance of 44.06", the chord of said arc being § 77° 41° 35” W, a distance of 43.56" to a point, 6) N 87° 16° 50” W, a distance of 118.20" to a point, 7) on a tine curving to the right having a radius of 154.00", an are distance of 106.90", the chord of said arc being N 69° 44” 36” W, a distance of 104.77" to @ point, 8) on a fine curving to the left having a radius of 50.00", an arc distance of 38.85", the chord of said are being N 88° 35’ 41” W, a distance of 37.88" to a point, and 9) onaPage 4 of 4 line curving to the right having a radius of 111.01’, an are distance of 30.16”, the chord of said are being § 76° 55” 57” W, a distance of 30.07 to a point in line of land of Radnor Township; thence along the same, N 25° 16° 20” W, a distance of 23.39" to a point; thence extending through land of Radnor Center Associates the following eleven courses and distances: 1) N 84° 36° 29” E, a distance of 8.17" to a point, 2) on a ling curving to the left having a radius of 89.00’, an are distance of 14.70”, the chord of said arc being N 79° 52° 36” E, a distance of 14.68" to a point, 3) on a line curving to the left having a radius of 25.00", an arc distance of 34.14”, the chord of said are being N 36° 01° 06" E, a distance of 31.55” to a point, 4) on a line curving to the right having a radius of 154.00, an arc distance of 9.00", the chord of said arc being N 26° 51° 48” W, a distance of 8.99" to a point, 5) N 25° 11" 23” W, a distance of 61.68" to a point, 6) N 29° 36° 24” W, a distance of 147.98" to a point, 7) on a line curving to the right having a radius of 203.00", an arc distance of 122.06", the chord of said arc being N 12° 22° 52” W, a distance of 120.23" to a point, 8) on a line curving to the left having a radius of 50.00", an are distance of 29.61", the chord of said are being N 30° 15” 07” W, a distance of 29.18” to a point, 9) N 47° 13° 00” W, a distance of 31.35” to a point, and 10) ona line curving to the left having a radius of 35.00", an are distance of 54.33", the chord of said arc being S 88° 18” 51” W, a distance of 49.04” to a point, and 11) $ 43° 50° 43” W, a distance of 6.23” to a point in line of land of Radnor Township School District; thence along the same N 25° 16” 20” W, a distance of 40.99" to the point and PLACE OF BEGINNING. Haon97260201\Access Easements doeExhibit "12" Description of Vehicle Loop Detector System Plan prepared by Traffic Planning & Design, Inc. dated April 26, 1999, consisting of 1 sheet,Exhibit "13" Deseription of the RCA School Tract Parking Lot COMMENCING at a point on the south side of Hare's Lane, a private road (40 feet wide) said point being the following three (3) courses and distances from the intersection of the centerline of King of Prussia Road and the south side of Hare's Lane; (1) notth 68°31'00" east 345.30 feet to a point of curve, (2) along the arc of a circle curving to the left having a radius of 1,545.00 feet the are distance of 203.59 feet to a point of (angent and point of curve, (3) along the arc of a circle curving to the left having a radius of 480.00 feet the are distance of 38.26 feet to the point and place of beginning, thence leaving said place of beginning, north 25°16'00" west 20.40 feet to a point on the centerline of Hare's Lane, thence along the centerline of Hare's Lane the following seven (7) courses and distances; (1) along the are ofa circle curving to the left having 2 radius of 460.00 feet, the are distance of 235.07 Feet to a point, (2) along the arc of a cirele curving to the right having a radius of 1,610.00 feet, the are distance of 325.60, feet to a point, (3) thence north 44°00'25" east 151.10 feet co a point (4) thence north 53°26'25" east 192.20 feet to a point, (5) thence north 66°19'25" cast 123.75 feet to a point, (6) thence north 61°19'25" east 116.40 feet toa point, (7) thence north 63°27°05" east 193.30 feet to a point, thence leaving the centerline of Hare's Lane south 31°21'5S" east 20.07 feet to a point on the southwest side of Hare's Lane, thence along the southwest side of Hare's Lane the following seven (7) courses and distances: (1) thence south 63°2705" west 194.61 feet to a point (2) thence south 61°19'25" west 116.90 feet fo a point (3) thence south 66°19°25" west 122.37 feet to a point (4) thence south 53°2625" west 188.29 feet to a point (5) thence south 44°00'25" west 148.05 feet to a point (6) along the arc of circle curving to the left having a radius of 1,590.00 feet the arc distance of 320.36 feet to a point of reverse curve (7) curving to the right having a radius of 480,00 feet the are distance of 249.16 feet to a point and place of beginning,Exhibie" 14" Description of Area of Basement Released on RCA School Tract Parking Lot n of RCA Parking Easement Radnor Township School District Radnor Township, Delaware County, Pennsylvania ALL THAT CERTAIN parcel of land situate north of Matson Ford Road (SR 1038); comprising a reduction of the RCA Parking Easement as shown on a plan prepared by RETTEW Associates, Inc. dated May 14, 1999, drawing number 972602-01, and being more fully bounded and described as follows: BEGINNING AT A POINT at the southernmost comer of the existing RCA Parking Easement; thence extending along the existing parking easement N 25° 16° 20” W, a distance of 24.92' toa point; thence extending through the exis! ing easement the following two courses and distances: 1) on a fine curving to the left having a radius of 200.00”, an are distance of 39.04", the chord of said arc being S 89° 48° 00” E, a distance of 38.98" to a point, and 2) N 84° 36” 29” E, a distance of 24.00" to a point; thence extending along the existing parking easement, $ 64° 44° 00" W, a distance of 57.76" to the point and PLACE OF BEGINNING.Exhibit Road, Traffic Signal and Centennial Drive Entrances Improvement Plan Pennsylvania Department of Transportation Engineering District 6-0 4 sheets (each marked "Sheet 2 of 2") (prepared by Traffic Planning & Design, Inc. but not so identified): 1. Intersection: King of Prussia and Radnor-Chester Road (Permit #63-1800; File #1800) 2. Intersection: King of Prussia Road and Matsonford Road (Permit #63-0890; File #0890) 3 Intersection: Matsonford Road and Centennial Drive (East Entrance) (Permit #63-2395; File #2395) 4, Intersection: Matsonford Road and Centennial Drive (West Entrance) [New Permit — Not Dated]Exhi "6" Township Satellite Parking Lot Improvement Plan As described and located in the Plan, constructed in a good and workmanship manner and in accordance with Township ordinances,Exhibit "17" ‘Township Satellite Parking Lot Lease Agreement LEASE AGREEMENT This Lease Agreement between the ‘TOWNSHIP OF RADNOR (‘fownship") and the SCHOOL DISTRICT OF THE TOWNSHIP OF RADNOR (‘District’) is entered into this day of + 1999. WHEREAS, Township has approved a Final Subdivision and Land Development Plan prepared by Rettew Associates, Inc. permitting District to construct an elementary school and related playing fields and parking areas on a certain tract or parcel of land owned by District and located at 401 King: of Prussia Road, Radnor Township, Delaware County, Pennsylvania as more particularly described in Exhibit A hereto (the “School Tract"); WHEREAS, Township is the owner of a certain tract or parcel of land located south of the School Tract and across Matsonford Road therefrom at the southeastern corner of Matsonford Road and King of Prussia Road, Radnor Township, Delaware County, Pennsylvania, as more particularly described in Exhibit B hereto (the “Township Satellite Parking Parcel"); : Si ~ 7 x WHEREAS, Township, District and Radnor Center Associates have entered into a Covenants Restrictions and Easements Agreement dated as of August 16 , 1999 (the “Agreement") which provides, inter alia, that Township shall construct a parking lot which is to be leased by Township to District, which is shown on Exhibit C hereto as Township Satellite Parking Lot and is more particularly described in Exhibit D hereto and which is hereinafter referred to as the “beased Premises"; and WHEREAS, the Agreement provides that Township will grant District an easement relating to an identification sign as hereafter provided. NOW, THEREFORE, with intent to be legally bound and in consideration of the mutual covenants set forth hereinafter, the parties agree as follows: i 1. Township does hereby demise and let the Leased Prenises | unto District for a term commencing on the date construction thereof is substantially completed and continuing thereafter for | the period of time the School Tract is used for a use permitted by. the Agreement, provided, however, that District may terminate this Lease at any time by giving Township notice of intention to | terminate at least sixty (60) days prior to the date of termination designated in such notice. Exhibit "17" Page 1 of 10 Pagesne nnn 2. ‘The rental to be paid by District to Township shall be nominal only, consisting of the sum of One Dollar ($1.00) for the aforesaid term, payable at the time of execution of this Lease. 3. The Leased Premises shall be used by District only as ana for a parking lot for vehicles parked there in connection with or relating to District's use of the School Tract. 4. The cost and responsibility of maintaining, repairing, restoring and repaving the Leased Premises shall be borne solely by Township. The cost and responsibility of keeping the Leased Premises free from ice and snow shall be borne solely by District. 5. Notwithstanding anything contained herein to the contrary, Township and District agree that if Township hereafter improves the property owned by it and immediately adjoining the Leased Premises to the east for use as athletic fields, Township may make the Leased Premises available for parking for persons using those fields. Such parking, however, shall be available for such persons only during the times the aforementioned school is not open for regular classes on school days during the regular school year (which, as of the date hereof, is intended to be between the hours of 9. a.m. and 3 p.m. on such days), and only during the times the Leased Premises are not being used by District for schdol activities during times when the school fs not‘open for regular classes. In the event the School Tract is used for any other use permitted by the Agreement, such parking for persons using such fields shall be available only at times that will not interfere with the use of the Leased Premises for parking in connection with such other use of the School Tract. Under no circumstances shall the use of the Leased Premises for parking for such other persons ever take priority over or interfere with District's use ‘thereof. Township shall at all times during the term hereof take all actions necessary to enforce and assure District's primary right to use the Leased Premises as a parking lot, which actions, shall include but not be limited to installation of appropriate signage on the Leased Premises and ticketing, towing or “booting” of vehicles parked on the Leased Premises in violation of the terms hereof. 6. Township hereby grants and conveys to District, for the aforementioned term of this Lease, an easement permitting District to construct and place an identification sign at the location shown on Exhibit C hereto as Easement for Location of School Sign and as more particularly described in Exhibit E hereto, together with an easement of ingress and egress to and from said location for the purpose of constructing, placing, reconstructing, replacing, and. repairing said sign. 7. No amendment, modification or alteration of the terms hereof shall be binding unless the same are in writing duly executed by the parties hereto. Exhibit "17" Page 2 of 10 Pages8. This Lease Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. IN WETNESS WHEREOP, the parties hereto have entered into this Lease Agreement as of the day and year first above written. TOWNSHIP OF RADNOR By: President Attest sali aHaeu a ueeeiteete(SRADS Secretary SCHOOL DISTRICT OF THE TOWNSHIP OF RADNOR By: President Attest: {SEAL} Secretary Exhibit "17° Page 3 of 10 PagesALL THAT CERTAIN lot situate on the northeast comer of the intersection of King of Prussia Rond (SR 102) and Matson Ford Road (Sit 1038) ia Radnor Township, Delaware County, Pennsylvania; being known as Lot | as shown on a blan prepared by RETTEW Associates, Inc., dated March 15, 1999, drawing number 972602-01, and beinig more fully bounded and described as fallows: ‘spectively, N 67° 55° 31” B, a distance of 366.01" to a point; thence continuing along land of Steven F. and Thalia B. Fisher, the following two caurses and distances: IN 16° 4 20" w, 4 distance Of 12.50" to a point, and 2) N 67° 55" 31", 8 distance of 111.17" toa point, a comer of Lot 2; thenee along the same $ 63° 23" 53” E, a distance of 497.37' ta a point on the centerline Of Hares Lene; thence along the same the following two courses and distances: 1) on a tine curving (0 the left having a radius of 1610.00", an are distance oF 23.01", the chord of said are being S 24° 52" 46" W, a distance of 24.01' to a point, and 2) on a line curving, to the Tight having 2 radius of 460. 00", an are distance of 235.07", the chord of said arc being S 40° 11° 30” W, adistance of 232.52" to a point; thence along land, now or late, of Radnor Center Associates, S 25° 16" 20" B, a distance of 580.45" to a point in Matsoa Ford Rosd; thence in and along the Same the following dee courses and distances: 1) N 45° 47 55" W, a distance of 175.19" to point, 2) on a line ‘curving to the left having a radius of 956.93", an are distance of 345.72", the chord of said are being $ 83° 51° 0s" W, a distance of 343.85" to ‘@ point, and 3) § 73° 30° 05" W, a distance of 86.32" to a point in King of Prussia Road; thence in and along the same the following three courses and distances: 1) N 26° 22" 00" W, a distance of 365.00" to a point, 2) S oneal tas win ee erase er point on or near the centerline of King of Prussia Road, and’3) N 21° 53° 28” W.a. distance of 520.81' to the POINT AND PLACE OF BEGINNING. CONTAINING: 13.522 acres, EXHIBIT A Exhibit "17" Page 4 of 10 PagesEXHIBIT B Exhibit "17" Page Sof 10 PagesBxhibit "17" Page 6 of 10 PagesDescription of Township Satellite Parking Lot Page lof L for Radnor Township School District Radnor Township, Delaware County, Pennsylvania ALL THAT CERTAIN parcel of land situate on the eastside of King of Prussia Road (SR 1021), between Matson Ford Road (SR 1038) and Old Matson Ford Road in Radnor Township, Delaware County, Pennsylvania; comprising Township Satellite Parking Lot as shown on a plan Prepared by RETTEW Associates, Inc., dated May 14, 1999, drawing number 972602-01, and being more fully bounded and described as follows: BEGINNING AT A POINT on the northwest right-of-way line of Old Matson Ford Road: thence extending through land of Radnor Township the following eight courses and distances: 1) N 542 08" 43” W, a distance of 62.66" to a point, 2) on a line curving to the right having a radius of 170.15", an are distance of 158.99", the chord of sa 153.27" to a point, 3) Due West, a distance of 292.51" to a point, 4) Due North, a distance of 146.00" to a point, 5) Due East, a distance of 320,50" to-a point, 6) Due South, a distance of id arc being N 27° 22° 34” W, a distance of 144.20" to a point, 7) oma line curving to the left having a radius of 142.15?, an arc distance of 13433), the chord of said arc being $ 27° 04" 21” E, a distance of 129.39" to a point, and 8) § 54° 08" 43” E, a distance of 79.29" to a point on the northwest right-of-way line of Old Matson Ford Road; thence along the same $ 66° 33° 39” W, a distance of 32.57’ to the point and PLACE OF BEGINNING. HugTOTIG02ONDeseription of Township Satellite Parking Let doc Exhibit "17" Page 7 of 10 Pagesine (31 for "1009" wonksRV printed TOOS05AD02ASEAS on Dec 27 02:350H 1999 * pg 9711 AAR eR eae aR ee vn tease al gp BBNE a Seis |é Bees 4250 KEY PLAN oeee NOT 10 SEALE 8 gad ga? sigs sige =ess TRE ALE apie ime eee ala! [en Bend 3 Sits S| alee |: eee =: eae &. Zss BEBE BC Ee a|gae2 BS Fer | 2855 6 2 | BSS ee G/)elee2hS a a) 83°85 pio = QIS65E Cc 7 g|Ssss 9 ZEeP AS 202, De Fae. BO foie Ba #e8s SEG EXHIBIT D (Continued) Exhibit "17" Page 8 of 10 PagesDescription of sign construction easement Radnor Township School Disteict Raduor Township, Delaware County, Pennsylvania ALL THAT CERTAIN parcel of land situate on the south side of Matson Ford Road (SR 1038) in Radnor Township, Delaware County, Pennsylvani ‘as shown on a plan prepared by RETTEW Associates, Inc, dated May 14, 1999, drawing number 972602-01, and being more fully bounded and described as follows: comprising a sign construction easement BEGINNING AT A POINT on the south right-of-way line of Matson Ford Road; said point also being on the southwest right-of-way line of a road connecting Matson Ford Road and Old Matson Ford Road; thence along the southwest right-of-way line of said road S 39° 23° 25” E, a distance of 29.93" to a point; thence extending though land of Radnor Township on @ line curving to the right having a radius of 20.00", an arc distance of 91.85, the chord of said are being N 39°23” 25” W, a distonce of 29.93" to the point and PLACE OF BEGINNING. A979 72<020\éesrlpion eoncvuction cesmentedoe Exhibit "17" Page 9 of 10 Pageseceived boc 21 92:29°H (0438) on RiahtFAX Line (3) for 1009" — VORKSRVS printed TODSESF9OZASEAS on Oc 21 02:35PM 1999 * ey 1171 T2/21709 “10:28 “eax” 810sb 93087, DBBS Attdrneys. = at COMMONWEALTH OF PENNSYLVANIA: ss COUNTY OF DELAWARE, : on , before me, the undersigned orticer, personally appeared « who acknowledged himselr to be the President of the Board of Commissioners of the ‘Township of Radnor. a corporation, and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I have hereunto set my hand an@ official seal. Notary Publse My Commission Fxpires: i 5 a i a 3 COMMONWEALTH OP PENNSYLVANIA: 8s 2 counry oF DELAWARE : & on » before me, the undersigned officer, ; Personally appeared PAUL YAKULIS, who acknowledged himself to be the President of the Board of School directors of the School District of the Township of Radnor, a corporation, and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: Exhibit "17" Page 10 of 10 Ps