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<br />officers, directors, shareholders, agents, employees, affiliates, tenants, contractors,
<br />subcontractors, licensees, invitees and assigns (i) the right to use the Existing Easement
<br />Areas, the Easement Areas and the Easement Improvements in common with the public
<br />use thereof, (ii) the right of access and ingress and egress over and through the Existing
<br />Easement Areas, the Easement Areas and the Easement Improvements including, without
<br />limitation, the right to extend Marine Parkway into the Property, the right to construct and
<br />install other public and private streets, roadways, curbs, curbcuts, sidewalks, pathways
<br />and infrastructure related thereto, underground public services including underground
<br />electric, telephone, water, gas, cable television and sanitary sewer lines and storm drains,
<br />and public or private waterways which may be necessary or desirable for the future
<br />development, use and operation of the Property and which are not inconsistent with this
<br />Agreement, over, under, in and through portions of the Existing Easement Areas and the
<br />Easement Areas including, without limitation, the Alternative Inland Easement Area and
<br />(iii) the right to use and enjoy the Existing Easement Areas and the Easement Areas for
<br />any other purpose or use not inconsistent with this Agreement.
<br />
<br />3. Maintenance. Repairs and Replacements. Effective upon the date of
<br />recording of this Agreement, the City (i) shall assume all responsibility and liability for
<br />the repair and maintenance of the Existing Easement Areas and the Easement Areas and
<br />for the construction, installation, repair, maintenance, replacement and reconstruction of
<br />the Easement Improvements and (ii) shall execute and deliver to BCDC a Partial
<br />Assignment ofBCDC Permit No. 6-94 (as amended) under which the City accepts the
<br />assignment of the BCDC Permit as it relates to the Property from RSP, assumes all
<br />obligations under the BCDC Permit as it relates to the Property and agrees to be bound by
<br />all of the terms and conditions of the BCDC Permit as it relates to the Property. Without
<br />limiting the foregoing, the City, at the City's sole cost and expense, shall periodically
<br />inspect, maintain, repair and reconstruct the Easement Improvements, the Existing
<br />Easement Areas and the Easement Areas to insure their safe operation. If any portion of
<br />the Existing Easement Areas, the Easement Areas or the Property is damaged by reason
<br />of the City's maintenance, repair and reconstruction of the Easement Improvements on the
<br />Existing Easement Areas and the Easement Areas, the City shall promptly repair,
<br />reconstruct and restore such damaged portions to substantially their condition prior to
<br />such damage. '
<br />
<br />, 4. Mechanic's Liens and Removal of Liens. The City shall keep the Existing
<br />Easement Areas, the Easement Areas and the Property free and clear of all design
<br />professional's, mechanic's or materialmen's liens which may arise out of any maintenance
<br />and repair work and any other activities or work on the Existing Easement Areas, the
<br />Easement Areas or the Easement Improvements performed by the City. To the extent any
<br />such liens are recorded against the Existing Easement Areas, the Easement Areas or the
<br />Property or any part thereof, the City shall cause such lien to be released and removed
<br />within thirty (30) days of such filing and/or recording, either by satisfaction or by the
<br />posting of a release bond in the amount required by statute.
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