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3. Covenant Running With the Land; Binding on Successors. The Easement created under <br />this Agreement and each term, condition and covenant contained in this Agreement constitutes a covenant <br />running with the land and inures to the benefit of and is binding upon the Parties and their respective <br />successors and assigns, including, without limitation, all subsequent owners of the Property burdened <br />hereby or any portion thereof or interest therein. It is the intent of the Parties that the Easement granted <br />hereby and all agreements set forth herein shall be "covenants running with the land" binding upon the <br />Property. <br />4. No Barriers. Except as may be required under existing or future laws, codes, rules or <br />regulations, Grantor shall not construct or maintain any wall, fence or barrier of any kind that impairs or <br />impedes access to, or use of, the Easement on or adjacent to the Easement. <br />5. Notices. Except as otherwise specified herein, all notices to be sent pursuant to this <br />Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or <br />to such other address as a Party may designate by written notice delivered to the other Parties in <br />accordance with this Section. All such notices shall be sent by: <br />(i) personal delivery, in which case notice is effective upon delivery; or <br />(ii) certified or registered mail, return receipt requested, in which case notice shall be <br />deemed delivered on receipt if delivery is confirmed by a return receipt; or <br />(iii) nationally recognized overnight courier, with charges prepaid or charged to the <br />sender's account, in which case notice is effective on delivery if delivery is confirmed by the <br />delivery service; or <br />(iv) facsimile transmission or email, in which case notice shall be deemed delivered upon <br />transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or <br />certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the <br />accurate transmission thereof. Any notice given by facsimile or email shall be considered to have <br />been received on the next business day if it is received after 5:00 p.m. recipient's time or on a non - <br />business day. <br />To Grantee: City of San Leandro <br />City Hall <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attn: City Manager <br />Telephone No.: (510) 577,3351 <br />Facsimile No.: (510) 577.3340 <br />1940528.1 2 Grant Deed for Public Right of Way Easement <br />APN 077B 0853 027 02 <br />