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<br /> 7.A. - Page 199
<br /> b. Counter�arts. This Easement Agreement may be executed in one or more
<br /> counterparts, each of which shall, for all purposes, be deemed an original and all such
<br /> counterparts, taken together, shall constitute one and the same instrument.
<br /> c. Recitals; Attachments. The Recitals above and Attachments attached
<br /> hereto are incorporated herein by reference.
<br /> d. Bindin� on Successors and Assi�ns. Owner's Property is to be burdened
<br /> by, and City is to be benefited by, the provisions of this Easement Agreement pertaining to the
<br /> grant of Easement, and such Property shall be held, conveyed, hypothecated, encumbered,
<br /> leased, rented, used, occupied, and improved subject to the foregoing easements, limitations,
<br /> restrictions, obligations and conditions. Blocks A-C is to be burdened by, and City is to be
<br /> benefited by, the provisions of this Easement Agreement pertaining to the maintenance
<br /> provisions, and such property shall be held, conveyed, hypothecated, encumbered, leased, rented,
<br /> used, occupied, and improved subject to the foregoing easements, limitations, restrictions,
<br /> obligations and conditions. All provisions of this Easement Agreement shall run with the land
<br /> and be binding upon all parties having or acquiring any right, title, or interest in the Property (or
<br /> in the case of the Maintenance Owners, Blocks A-C), and shall be binding upon and inure to the
<br /> benefit of the City and its and their successors and assigns.
<br /> e. Partial Invaliditv. If any term or provision of this Easement Agreement or
<br /> the application of it to any person or circumstance shall to any extent be invalid or
<br /> unenforceable, the remainder of this Easement Agreement or the application of such term or
<br /> provision to persons or circumstances, other than those as to which it is invalid or unenforceable,
<br /> shall not be affected thereby, and each term and provision of this Easement Agreement shall be
<br /> valid and shall be enforced to the extent permitted by law.
<br /> £ Not a Public Dedication. Except as expressly provided herein, nothing
<br /> herein contained shall be deemed to be a gift or dedication of the Easement Area or any other
<br /> portion of Owner's Property to the general public or for any public purpose whatsoever, it being
<br /> the intention of the parties that this Easement Agreement shall be limited to and for the purposes
<br /> herein expressed.
<br /> 7. Exhibits; Attachments. The following attachments are attached to this Easement
<br /> Agreement and are hereby incorporated herein by this reference for all purposes as if set forth
<br /> herein in full:
<br /> Attachment 1 Description of Property
<br /> Attachment 2 Diagram of Blocks A-E
<br /> Attachment 3 Legal Description of Easement Area
<br /> 8. Attornevs' Fees. Should any legal action be brought by any party with respect to
<br /> this Easement Agreement, the prevailing party shall be entitled to recover from the non-
<br /> prevailing party its reasonable attorney's fees and such other costs as may be found by the court.
<br /> EXHIBIT D
<br /> OAK#4824-6359-3743 vll 5
<br /> ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT
<br /> REV: 08-14-13 PT
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