Agmt Commercial Revitalization 1495 E.14th Street 12012021

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E. Landowner has requested that City grant an easement to Pacific Gas and Electric ("PG&E") over the City Property for the installation of the Transformer and for related utility lines that will service the Commercial Property. F. The City's grant of the Easement over the City Property pursuant to this Agreement will advance the City's goals of establishing a firm foundation for long-term fiscal sustainability, and supporting projects and programs promoting sustainable economic development, including transforming City into a center for innovation. The economic interests of City's residents and the public health, safety and welfare will be served by providing the requested Easement. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, City and Landowner agree as follows: 1. Grant of Easement. City agrees to grant an Easement to PG&E for the installation of the Transformer and for related utility lines that will service the Commercial Property, substantially in the form of Exhibit "C" attached hereto and incorporated herein, with such changes as approved by the City Manager and City Attorney. As conditions precedent to City's grant of the Easement to PG&E, (a) Landowner shall have entered into a Gas and Extension Agreement with PG&E providing for extension of gas and electric service to the Commercial Property, (b) PG&E shall have received all building permits and all other required permits and approvals from the City for the installation of the Transformer, and (c) PG&E shall have provided notice to the City that it is ready to begin the installation of the Transformer. 2. City Rights to Terminate Easement. The Parties understand that the City Property may be needed in the future for a downtown redevelopment project or other use as determined by City in its sole discretion, and that the Easement will contain a provision allowing City to terminate the Easement and to require PG&E to remove the Transformer and other facilities on the City Property by notice to PG&E. Notwithstanding City's rights to terminate the Easement as provided therein, City agrees that (a) City shall not provide notice to PG&E of the termination of the Easement prior to the tenth (1 Oth) anniversary of the date of the Easement, and (b) City shall provide notice to Landowner of City's intent to terminate the Easement at least one hundred eighty (180) days prior to giving notice to PG&E of the termination of the Easement. In the event City terminates the Easement, City shall meet and confer with Landowner and PG&E to discuss alternative locations for the installation of the Transformer and a new easement therefor, and shall use good faith efforts to assist Landowner and PG&E to secure an alternate location for the Transformer. Landowner agrees to pay all costs of relocation of the Transformer directly to PG&E promptly upon receipt of an invoice therefor. Landowner shall further pay to City any out-of-pocket costs incurred by City in connection with the relocation of the Transformer, within thirty (30) days after receipt of a detailed invoice from City for such costs. 3. City Review and Approval. Nothing set forth in this Agreement shall be construed as the City's approval of any development applications for the Commercial Property or other required submittals in accordance with the City Municipal Code. The City shall have all rights to review and approve or disapprove all development applications for the Commercial Property and other required submittals in accordance with the City Municipal Code, and shall