Agmt Commercial Revitalization 1495 E.14th Street 12012021

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The easement area is described as follows: The strip of land described in EXHIBIT "A" and shown on EXHIBIT `B" attached hereto and made a part hereof (b) Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the Facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations. (c) Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance, and inspection of said Facilities. (d) Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities. 2. Term. This Easement shall continue in full force and effect in perpetuity from the date of recordation of this Easement, except as may be provided for in Section 6 of this Easement. In the event Grantee shall perform any work or make any excavation on said lands pursuant to this grant, Grantee shall restore said lands in accordance with City of San Leandro standards, including, without limiting the generality of the foregoing, pavement, sidewalks, lawns and shrubs. 3. Maintenance Grantee shall be responsible for maintaining any Facilities and appurtenances thereto, as described above, that it installs in the Easement Area in good condition and repair. Any future maintenance or replacement operations to be performed by Grantee on said lands shall be done in such a manner so as not to unreasonably interfere with Grantor's operations. Grantee shall be fully responsible for the repair of any damage caused to the Easement Area during the course of its use by Grantee and shall make such repair as necessary to restore the Easement Area in accordance with City of San Leandro standards. 4. Indemnity Grantee shall indemnify Grantor against any loss and damage which shall be caused by any negligent act or omission of Grantee or of its agents or employees in the course of their employment, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused by Grantor's comparative negligence or willful misconduct. 5. General Provisions