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parties hereto agree as follows: 1. Easements. Grantor h e r e b y grants, transfers, and conveys to City a non-exclusive easement for emergency and emergency vehicle access, ingress and egress over and across the Servient Parcel in the area referred to as the Emergency Vehicle Access Easement Area ("EVAE Area") described in Exhibit B attached. The legal description of the EVAE Area is attached hereto as Exhibit A. a. Restrictions on Use of Easement. The EVAE Area shall be kept open and unobstructed for its full length and width. b. Nature of Easement. As to the City the easement conveyed by this Agreement is in gross. Any conveyance of any of the Servient Parcels, whether voluntary or involuntary, automatically conveys the easement regardless of whether the instrument of conveyance describes the easement. The easement shall be in perpetuity unless otherwise terminated by operation of law. It is the intent of the Parties that the easement granted hereby and all agreements set forth herein shall be"covenants running with the land" binding upon the Servient Parcels. 2. Maintenance. The EVAE Area shall be maintained in good and usable condition, and in accordance with City standard, by the owners of APN 075-0047-057-02 at their sole cost and expense. The City shall have no cost or expense responsibility for maintenance of the easements. 3. Indemnification.' The Grantor and the City shall indemnify, defend and hold the other harmless against any claims, liabilities, losses, damages, penalties, interest, costs and expenses, including, without limitation, attorneys' fees and costs arising out of resulting from each party's use of the EVAE or breach of this Agreement. 4. Amendment o r Termination of Easement.This Agreement may only be amended or terminated by the written agreement of the Grantor and the City. Any amendment or termination shall be in writing and be effective when recorded with the Alameda County Recorder's Office. 5. Attornevs' Fees. If any action is commenced regarding the rights or duties of the parties, including binding arbitration, the prevailing party in such action shall be entitled to recover the dosts of such action and reasonable attorneys' fees. 6. Effective Date. This Agreement shall be effective upon the date of execution by Grantor. 7. Covenants Running with the Land and Equitable Servitudes. This Agreement contains covenants running with the land and equitable servitudes that benefit and bind the Servient Parcel, the owners and successive owners of the Servient Parcel, and the City. Individual owners of the Servient Parcel shall be liable under this Agreement only for defaults committed during the period that the owner held title to all