Reso 2022-062 Vacation of Easement at 960 San Leandro Boulevard

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which is incorporated herein by reference. The DDA generally requires the Developer to construct and operate a first-class, high gjahty office complex, including without hmitationn, three office buildings, a parking structure, and a plaza on the Property and improvements designated in the DDA as the "Adjacent City Property improvements" on the "Adjacent City Property" (as described in the DDA), all as more particularly •jescribed in the DDA and other requirements as set forth therem All terms used herein shall have the same meaning as those used in the DDA. The Property is conveyed subject to the tams and conditions of the DDA, including without linutation the obligation of the Developer (and its successors) to develop on the Property a first-class office complex as more particularly provided in the DDA, the obligation of the Developer to develop certain specified improvements on the "Adjacent City Property" and to maintain such improvements, and certain obligations to indemnify and hold harmless the Agency under the Agreement, and the requirement that the Property, with all improvements thereon required by the DDA, shall be operated only with uses that have been approved by City and conform to all City land use approvals and all applicable laws (the Property, with such improvements thereon and operated only with such uses operating thereon, constituting a "Conforming Office facility") The Developer, as grantee hereunder. assumes all responsibility for and shall defend, indemnify and hold harmless the Agency, the City, and their respective officials, officers, employees and agents from and against any loss, claim suit, demand, or damages arising from or in connection with the Adjacent City Property, the maintenance of the Adjacent City Property, err the improvement of the Adjacent City Property The obligations of the Developer hereunder shall :remain in effect until July 5, 2028 (the temunation date of the Redevelopment Plan) 3. Permitted Uses and Duty to Maintain the Adjwent City Propnty. The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property or any part thereof, that upon the date of this Grant Deed as follows: (a) The Developer shall devote the Property to the use as a Conforming Office Facility as described herein for the periods of time set ford[ in Section 9 herein Alluses conducted on the Property, including, without limitation, all activities undertaken by the Developer pursuant to the DDA, shall conform to the DDA, the Redevelopment Plan and all applicable provisions of the City Municipal Code. The foregoing covenants shall run with the land (b) The Developer hereby covenants and agrees on a continuous Harts to devote the Property to the operation of a Conforming Office Facility. The foregoing covenants shall run with the lard (c) The Developer shall maintain the Adjacent City Property as provided in Section 4 hereof. The foregoing covenants shall run with the land 4. Development and Maintetiaooe of the Adjaoes t City Property and the Property. (a) Installation of Improvements; Maintenance. Developer shall install on the Adjacent City Property the "Adjacent City Property Improvements"as required to be accomplished by the Developer as to the Act acent City Property under die DDA. Commencing as of its entry onto the Adjacent City Property and continuing until July 5, 2028 (the termhnadon date of the Redevelopment Plan), the Developer shall be responsible for maintenance of the Adjacent City Property, including without lumtation, landscaping, sidewalks, watering, weeding, fertilizing, and C-2 DOCSOLV4WI v4%242%0002