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Recording requested by 1111 " " "111111'I II "III 6 PGS CITY OF SAN LEANDRO When Recorded Mail To: No Documentary Tax Due City of San Leandro City Clerk 835 East 14th Street San Leandro, CA 94577 '" / lie tl,v{ PERMANENT EASEMENT - CITY SIDEWALK ACCESS AREA BY AND BETWEEN THE CITY OF SAN LEANDRO AND SAFEW A Y STORES, INC. This is an easement agreement made as of this jtday of May, 2007, by and between Safeway Inc., a Delaware corporation, successor in interest by merger to Safeway Stores, Incorporated, a Maryland corporation ("OWNER") and the City of San Leandro ("CITY"), hereinafter referred to as the ("PARTIES"). OWNER hereby grants to CITY, its agents, employees and contractors, an easement on, over, under and across a portion of that certain real property owned by the OWNER, located at APN 0412-0001-012-00, also known as a portion of Greenhouse Marketplace, 699 Lewelling Boulevard, San Leandro, CA, and as more particularly described in Exhibit B attached hereto and made a part hereof, which easement area is that area identified as "City Sidewalk Easement 132.5 sq. ft +/=" and shown by hatch marks on Exhibit "A" attached hereto ("Easement Area"), for the purposes of installing and maintaining City-owned facilities within the sidewalk area. CITY, from time to time, may exclude persons or other uses of all or a pOliion of the Easement Area if, in CITY's sole discretion, the presence of said persons or other uses would be hazardous or would hinder CITY's activities related to the installation of the sidewalk and necessary maintenance and repair as needed in the future. CITY agrees to indemnify and hold OWNER harmless from and against any and all loss, damage, and/or liability for injuries or damage, that may be suffered or incurred by OWNER, and against any and all claims, demands, and causes of action that may be brought against OWNER, 2315 Permanent Easement 5 2007 (2) Safe\\'ay #2315 San Leandro, CA