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Item 9 - Access and Use Easement AgreementACCESS AND USE EASEMENT AGREEMENT – PAGE 1 ACCESS AND USE EASEMENT AGREEMENT THIS ACCESS AND USE EASEMENT AGREEMENT ("Agreement") is made as of ___________, 2026 (the “Effective Date”), by and between: COUNTRYSIDE BIBLE CHURCH, INC., a Texas nonprofit corporation, owner of real property located at 250 Countryside Court, Southlake, Texas 76092 ("Church"); and NOVAVOYAGE PEAKS CENTRAL, LLC, a Texas limited liability company, d/b/a Texas Eye and Laser Center, owner of real property located at 275 West State Highway 114, Southlake, Texas 76092 ("Medical Facility"). Church and Medical Facility may be referred to individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, Church owns certain real property located at 250 Countryside Court, Southlake, Texas, the legal description of which is attached hereto as Exhibit A and incorporated herein for all purposes (the "Church Property"); and WHEREAS, Medical Facility owns certain real property located at 275 West State Highway 114, Southlake, Texas, the legal description of which is attached hereto as Exhibit B and incorporated herein for all purposes (the "Medical Property"); and WHEREAS, the Church Property and the Medical Property are adjacent; and WHEREAS, Church desires to use parking areas located on the Medical Property during weekends in connection with church services and related activities; and WHEREAS, Medical Facility desires to use parking areas located on the Church Property during weekdays in connection with medical office operations, patients, staff, and visitors, and such shared parking arrangement is required, in part, for municipal approval by the City of Southlake; and WHEREAS, Medical Facility anticipates limited or no operational activity on weekends and Church anticipates limited weekday parking demand outside peak periods, making the contemplated shared parking arrangement mutually beneficial; and WHEREAS, the Parties desire that the easements and rights granted herein run with the land, unless otherwise mutually agreed in writing. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ACCESS AND USE EASEMENT AGREEMENT – PAGE 2 AGREEMENT 1. GRANT OF CROSS‑ACCESS AND PARKING EASEMENTS 1.1 Mutual Easements. Subject to the terms and conditions of this Agreement, each Party hereby grants to the other a non‑exclusive blanket easement for vehicular parking, ingress, egress, and pedestrian access over and across the parking areas and access drives located on its respective property (each, a "Shared Parking Area") during the applicable days and hours set forth below. 1.2 Purpose. The easements granted herein are solely for parking, pedestrian access, and related ingress and egress in connection with lawful uses of each Party’s respective property, and for no other purpose. 2. DAYS, HOURS, AND PRIORITY OF USE 2.1 Church Property (250 Countryside Court). (a) Shared Parking Availability: Weekdays only. (b) Permitted Hours: 5:00 a.m. to 6:00 p.m., Monday through Friday. (c) Priority Use: During weekdays from 6:00 a.m. to 6:00 p.m., Medical Facility shall have priority use of shared parking spaces for patients, staff, and visitors of the Medical Facility. (d) Overnight Parking: No overnight parking is permitted. 2.2 Medical Property (275 West State Highway 114). (a) Shared Parking Availability: Weekends only. (b) Permitted Hours: • Weekdays (Monday through Friday) after 6 p.m. • Saturdays: 5:00 a.m. to 6:00 p.m. • Sundays: 5:00 a.m. to 8:00 p.m. (c) Priority Use: • Saturdays (5:00 a.m. – 6:00 p.m.): Church shall have priority use of shared parking spaces. • Sundays (5:00 a.m. – 8:00 p.m.): Church shall have priority use of shared parking spaces. ACCESS AND USE EASEMENT AGREEMENT – PAGE 3 • Notwithstanding the foregoing, such priority shall be subject to the limited reservation rights expressly set forth in Section 2.3 and Section 3.4. (d) Overnight Parking: No overnight parking is permitted. 2.3: Saturday Morning Medical Clinic Use: Notwithstanding anything herein to the contrary, Medical Facility shall have the right, on an occasional basis, to reserve up to twenty (20) parking spaces located on the Church Property for use by its patients, staff, and invitees in connection with limited Saturday morning clinic operations. Such use shall be limited to the hours of 8:00 a.m. to 12:00 p.m. on Saturdays. Medical Facility shall provide Church with not less than forty-eight (48) hours’ advance written notice of its intent to utilize such reserved parking. The Parties agree to cooperate in good faith to identify the specific parking spaces to be reserved so as to minimize disruption to Church activities. 3. PEAK HOUR AND SPECIAL EVENT COORDINATION 3.1: Advance Notice for Special Events. Either Party requiring exclusive or materially expanded use of shared parking areas for a special event shall provide not less than forty‑eight (48) hours’ advance written notice to the other Party. 3.2: Parking Adjustments. Either Party shall provide not less than fourteen (14) days’ advance written notice for any planned event or circumstance that necessitates parking adjustments or deviations from the normal shared parking schedule. 3.3: Cooperation. The Parties shall cooperate in good faith to minimize disruption and accommodate each other’s reasonable parking needs. 3.4: Annual Medical Education Event. In addition to the foregoing, Medical Facility shall have the right, once per calendar year, to reserve a reasonable portion of the Shared Parking Area located on the Church Property in connection with a continuing medical education or similar professional event, typically held on a Sunday morning. Medical Facility shall provide not less than thirty (30) days’ advance written notice to Church of such event, including the anticipated date, time, and parking requirements. The Parties shall cooperate in good faith to accommodate such event while minimizing interference with Church operations. 4. PEDESTRIAN ACCESS AND IMPROVEMENTS 4.1: Sidewalk Installation. Medical Facility shall install a sidewalk on the west side of the Medical Property to facilitate pedestrian access between the properties. ACCESS AND USE EASEMENT AGREEMENT – PAGE 4 4.2: Improvements. Medical Facility shall, at its sole cost and expense, provide any improvements reasonably necessary to facilitate cross‑parking and pedestrian access, subject to applicable laws and governmental approvals. 5. INDEMNIFICATION AND LIABILITY 5.1: Mutual Responsibility. Each Party shall be responsible for accidents, injuries, or damages occurring on its own property. 5.2: Mutual Indemnification. To the fullest extent permitted by law, each Party shall indemnify, defend, and hold harmless the other Party from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the indemnifying Party’s negligence or willful misconduct occurring on or about its property. 5.3: No Cross‑Liability. Nothing herein shall be construed to make either Party liable for the negligence or misconduct of the other Party. 6. CONSIDERATION The Parties acknowledge that no monetary consideration is being exchanged for the easements granted herein. 7. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. Venue for any action arising out of this Agreement shall lie exclusively in Tarrant County, Texas. 8. AMENDMENTS This Agreement remains in force and effect unless amended or terminated by a written instrument executed by both Parties and recorded in the Tarrant County Real Property Records. 9. ENTIRE AGREEMENT This Agreement contains the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior negotiations or understandings, whether written or oral. 10. UNENFORCEABILITY If any term, covenant, condition or provision of this Agreement or the application thereof to any person, entity or circumstance shall, at any time or to any extent, be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons, entities or circumstances other than those in which it is held invalid ACCESS AND USE EASEMENT AGREEMENT – PAGE 5 or unenforceable, shall not be affected thereby, and each remaining provision of this Agreement shall be valid and/or enforceable to the fullest extent permitted by law. 11. SINGULAR AND PLURAL USES Wherever in this Agreement the singular is used, the same shall include the plural, and vice-versa, and wherever in this Agreement the masculine gender is used, the same shall include the feminine and neuter genders, and vice versa. 12. PARAGRAPH HEADINGS The captions, headings, and paragraph numbers appearing in this Agreement are inserted as a convenience only and in no way define, limit, construe, or describe the scope or intent of such sections nor in any way affect the interpretation hereof. [Signatures on following pages] ACCESS AND USE EASEMENT AGREEMENT – PAGE 6 COUNTRYSIDE BIBLE CHURCH, INC. By: _________________________________ Name: _______________________________ Title: ________________________________ STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the _____ of __________________, 2026, by ________________________ in his/her official capacity as _____________________ of _____________________________. Notary Public, State of Texas Notary ID#_____________ ACCESS AND USE EASEMENT AGREEMENT – PAGE 7 NOVAVOYAGE PEAKS CENTRAL, LLC By: _________________________________ Name: _______________________________ Title: ________________________________ STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the _____ of __________________, 2026, by ________________________ in his/her official capacity as _____________________ of _____________________________. Notary Public, State of Texas Notary ID#_____________ ACCESS AND USE EASEMENT AGREEMENT – PAGE 8 EXHIBIT A Legal Description of Church Property BEING LOT 2R2R, IN BLOCK B, OF RAVENAUX VILLAGE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET A, SLIDE 6215, PLAT RECORDS, TARRANT COUNTY, TEXAS. ACCESS AND USE EASEMENT AGREEMENT – PAGE 9 EXHIBIT B Legal Description of Medical Property BEING LOT 1R1 AND LOT 1R2, IN BLOCK A, OF RAVENAUX VILLAGE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE REVISED PLAT THEREOF RECORDED IN THE PLAT RECORDS, TARRANT COUNTY, TEXAS.