Agmt12 REG8 SEQUOIA STATION, LLC

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i EASEMENT AND RIGHT OF ENTRY AGREEMENT THIS EASEMENT AND RIGHT OF ENTRY AGREEMENT (the "Agreement") is entered into as of the � day of April /, 2012 by and between CITY OF REDWOOD CITY ("City"), and REG8 SEQUOIA STATI N, LLC, a DeYaware limited liability company ("Owner"). RECITALS A. Owner is the owner of that certain property located in at 1001 — 1111 El Camino Road, Redwood City, California 94063 and known as Sequoia Station Shopping Center (the "Shopping Center"); B. CITY desires an easement to install surveillance cameras and related equipment (the "Equipment") on the buildings located on the Shopping Center in order to establish a surveillance system (the "System") within the Shopping Center, upon the terms and conditions contained herein. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: 1. Easement Owner does hereby grant, create and establish for the benefit of CITY an easement upon the exterior of those buildings located within the Shopping Center and shown on the site plan attached as Exhibit A to this Agreement(the "Easement Areas") to install operate, improve or repair the Equipment and for no other purpose. The easement granted herein shall include the non-exclusive right of ingress and egress over the entrance drives and pave driveways located within the Shopping Center to access the Easement Areas for the purpose of installation, operation, improvement and repair of the Equipment. Upon completion of the work required to install the Equipment, CITY agrees to return the Easement Area, and any areas used for ingress, egress and installation to as close to its original condition as is commercially reasonable. 2. Term The term of this NON- EXCLUSIVE Agreement shall commence on the date hereof and shall terminate in accordance with Section 6 of this Agreement. 3. Installation, Ownership and Maintenance of Equipment (a) CITY shall install the Equipment and related facilities necessary to set up the System within the Shopping Center. All of CITY's work shall be performed at its sole cost and expense. RCPD shall have the right to penetrate and bore through the exterior walls of the buildings in conformance with the building engineers instructions, CITY will comply with all land use, building, subdivision, zoning, pollution, and similar laws, rules and ordinances, and regulations promulgated by any governmental authority and applicable to the work. (b) CITY shall do no additional work, except standard upgrades to the Equipment not affecting the structural integrity of the buildings, without prior written consent of Owner, which consent shall not be unreasonably withheld. In applying for consent, CITY shall submit to Owner reasonable plans and specifications for the proposed work. Owner may impose any reasonable conditions upon consent that Owner deems advisable. (c) The Shopping Center or any part thereof shall not be subject to liens for work done or materials used on the Premises made at the request of, or on order of or to discharge an obligation of, CITY. This paragraph shall be construed so as to prohibit, in accordance with the provisions of State law, the interest of Owner in the Shopping Center or any part thereof from being subject to any lien for any improvements made by CITY or any third-party on CITY's behalf (except Owner) to the Shopping Center. If any lien or notice of A'�TY/AGR/2012.047/Sequoia Stn Right of Entry