Agmt95 Redwood Shores Propertie - Laserfiche WebLink

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NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee relocatable nonexclusive underground water line and emergency access easements in gross over and across the Easement Area for the sole and limited purposes of (i) operating, repairing and maintaining underground water lines ("Water Lines") and (ii) providing Grantee with emergency access to Lot 1 for emergency vehicles and official emergency personnel. 2. Uses Reserved bv Grantor. Grantor hereby reserves for itself and all successors in title to the Easement Area and Lot 2 and each of their respective agents, employees, tenants, contractors, subcontractors~ li.censee~r invitees and assigns, (i) the right to use the Water Lines, (ii) a right of access and ingress and egress over the Easement Area and (iii) the right to use and enjoy the Easement Area for any purpose or use which does not interfere with Grantee's use of the Easement Area for underground water line and emergency access purposes. 3. No Obliaation of ImDrovement on Grantor. Grantee acknowledges and agrees that Grantor's granting of the easements under this Agreement does not create or impose on Grantor any obligation of any nature whatsoever to develop, construct or install the Water Lines or the emergency access easement described in section 1 above. Notwithstanding that Grantor shall have no obligation to construct, develop or install the Water Lines, Grantee acknowledges and agrees that Grantor shall have the rig~t to reasonably review and approve all plans and specifications for the Water Lines to ensure that the Water Lines have sufficient capacity to service the intended residential improvements on both Lot 1 and Lot 2 and meet all requirements which may be imposed by Grantee with respect to the adequacy of the Water Lines. 4. Maintenance and Repairs. Following Grantee's acceptance of the Water Lines, Grantee shall, at Grantee's sole expense, periodically inspect, maintain, repair, reconstruct and replace, as necessary, the Water Lines to insure the safe and continuous operation of the Water Lines. If a~d solely to the extent that the Water Lines are damaged by Grantor, Grantor shall, at Grantee's election, either (i) immediately repair, reconstruct or restore such damaged portion of the Water Lines to substantially the condition they were in immediately prior to the occurrence of such damage or (ii) reimburse Grantee upon demand for the expense incurred by Grantee in repairing, reconstructing or replacing such damaged portion of the Water Lines. Grantee shall give Grantor at least three (3) days prior written notice before entering upon the Easement Area to perform repairs and maintenance, except in the event of a bona fide emergency, in which event Grantee shall give Grantor whatever notice is reasonable under the circumstances. Grantee's use and maintenance of the Water Lines shall not unreasonably interfere with Grantor's use and enjoyment of the O:\DOCS\ 70140\O37\4320809g.040 2 <D U1 0 N N 0 (,.;) N