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valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Easements. Grantor h e re 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. Notwithstanding the foregoing, Grantor shall be entitled to maintain a single gate at the east entrance of the EVAE Area so long as arrangements are made to allow the City access through the gate, such as the provision of a key or access code, to ensure that the EVAE Area is available for its intended purpose. 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 075-0047-053-01 & 075-0047-053-02 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 costs of such action and reasonable attorneys' fees. 6. Effective Date. This Agreement shall be effective upon the date of execution by Grantor.