Agmt95 Redwood Shores Propertie - Laserfiche WebLink

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Water Lines and all areas in and about the Easement Area. Grantee shall prevent any mechanic's or materialmen's liens from being recorded against the Easement Area or Lot 2 by reason of any such installation, repair or maintenance work and to the extent any such liens are recorded Grantee shall immediately cause the removal of such liens at Grantee's sole expense. 5. Damaqe bv Grantee. If Grantee should damage any portion of the Easement Area or Lot 2 (including, without limitation, landscaping), Grantee shall immediately repair, reconstruct and restore such damaged portion to substantially the condition it was in immediately prior to the occurrence of such damage. 6. Relocation. Grantee hereby acknowledges and agrees that Grantor may, from time to time, in Grantor's sole and absolute discretion and at Grantor's expense, relocate all or part of the Easement Area to another location on Lot 2 selected by Grantor which provides a useable location for the Water Lines and comparable emergency access to Lot 1. Upon Grantor's written request, Grantee shall promptly execute such documentation as Grantor shall request to effectuate the termination and abandonment of the easement granted hereunder over the Easement Area (including, without limitation, a quitclaim and release of Grantee's interest in the Easement Area) and to evidence relocation of the Water Lines and the emergency access easement (including, without limitation, a grant of easement in substantially the form and substance of this Agreement, provided, however, that the "Easement Area" shall be redefined to reflect the new area on Lot 2 to which the Water Lines and the emergency access easement have been relocated). cc <3 c: I' I'. C Co\ " 7. Attornevs Fees. In the event of any controversy, claim or dispute relating to or arising out of this Agreement, the prevailing party shall be entitled to recover from the non- prevailing party reasonable attorneys' fees, costs and expenses. 8. Entire Aqreement. This Agreement, including Exhibits A, ~, ç and ~ attached hereto and incorporated herein by this reference, constitutes the entire agreement between the parties with respect to the grants of easements hereunder. This Agreement may be amended, modified or supplemented only by a written document executed by Grantee and Grantor or Grantor's successor in title to the Easement Area. 9. Bindinq Effect. This Agreement shall be binding upon the parties hereto and their respective heirs, successors and assigns. O:\DOCS\ 70140\O37\4320809g.040 3