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Easement is not intended to be tantamount to fee simple ownership and Owner reserves all rights <br /> that are not inconsistent with, and that do not unreasonably interfere with the Easement granted <br /> hereby, including but not limited to Owner's right to use the Easement Area for utilities serving <br /> Owner's lands outside the Easement; for access to utilities; for pedestrian paths crossing the <br /> Easement Area; and for resident use in enjoyment of the Property. This grant of Easement <br /> conveys no rights affecting the use of Owner's lands that are not included in the Easement Area <br /> and Owner reserves the right to lands outside the Easement Area in any lawful manner. <br /> 2. Use and Temporary Closure. The Easement Area may be used by the general <br /> public for pedestrian access only. Owner may temporarily close the Easement Area for <br /> construction, maintenance, or other work of improvements, provided, however that Owner may <br /> not close the Easement Area for more than three consecutive days or more than nine days in any <br /> calendar year without obtaining prior written approval from the City unless necessary to protect <br /> the public from a dangerous situation. In the event that the Owner reasonably believes that there <br /> is a public safety problem with respect to the Easement Area, Owner may apply to City to have <br /> the Easement Agreement amended or terminated. Any such amendment or termination will be <br /> entered into at the City's sole and absolute discretion. <br /> 3 . Maintenance. Owner covenants and agrees that it shall maintain, repair and <br /> replace, or cause to be maintained, repaired and replaced, the Easement Area, and all <br /> improvements, including lighting, hardscaping and landscaping, located thereon and in <br /> compliance with the Maintenance Standards (defined below). Owner's compliance with the <br /> Maintenance Standards shall be judged by a comparative standard with the custom and practice <br /> generally applicable to comparable public walk-ways within Redwood City. To accomplish such <br /> maintenance, Owner shall either staff or contract with and hire licensed and qualified personnel <br /> to perform such maintenance work, including the provision of labor, equipment, materials, <br /> support facilities, and any and all other items necessary to comply with the requirements of this <br /> Section 3 . All maintenance work shall conform to all applicable Federal and State Occupational <br /> Safety and Health Act standards and regulations for the performance of maintenance. The <br /> following standards ("Maintenance Standards") shall be complied with by Owner and its <br /> maintenance staff, contractors and subcontractors: <br /> a. Maintain the surface of all pedestrian areas level, smooth and evenly <br /> covered with the type of surfacing material originally installed thereon or such substitute therefor <br /> as shall be in all respects equal thereto or better in quality, appearance and durability; <br /> b. Remove all papers, debris, filth and refuse, and sweep, wash down and/or <br /> clean all hard surfaces, including concrete, wood and other permanent poles, walls or structural <br /> members as required; <br /> c. Maintain such appropriate entrance, exit and directional signs, markers <br /> and lights as shall be reasonably agreed to in the Improvement Plans; <br /> d. Clean lighting fixtures and re-lamp and/or re-ballast as needed; <br /> e. Maintain, repair and replace all benches, planters, trash containers, and <br /> other exterior elements, if any; <br /> REV: 08-23-16 VR <br /> Page 2 of 5 <br /> ATTY/AGR.2016.232/849 Veterans RWC, LLC - Easement Agreement <br />