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This Agreement is granted subject to and conditioned upon the following terms, conditions <br />and covenants which both Grantor and City hereby promise to faithfully and fully observe and <br />perform: <br />1. Grantor shall at all times conduct its activities and all other activities conducted on <br />Grantor's property so as not to interfere with, obstruct or endanger the City's use of the Access <br />Easement provided, however, that Grantor shall have the right from time to time to temporarily <br />close the Easement Area for the purpose of performing maintenance and repairs, such as <br />resurfacing. <br />2. Other than routine maintenance and repair, prior to any construction or work or any <br />alterations by Grantor that will affect the City's use of the Easement Area, notification and plans <br />for the same shall be submitted in writing to the City by Grantor. No such construction, work or <br />alteration by Grantor shall be commenced unless the Grantor can demonstrate to the satisfaction <br />of the City Engineer that such construction, work or activity does not and will not interfere with <br />the City's Access Easement rights and has obtained the City Engineer's prior written approval, <br />which approval shall not be unreasonably withheld, delayed, or conditioned. PROVIDED, <br />HOWEVER, any changes or revisions in the plans shall also be subject to the City Engineer's prior <br />approval, which approval shall not be unreasonably withheld, delayed, or conditioned. The City's <br />review of the Grantor's plans under this Agreement shall not be deemed to impose any duty or <br />obligation on the City to determine the adequacy or sufficiency of Grantor's plans and designs nor <br />whether Grantor's construction, work or alteration is in conformance with other applicable plans, <br />codes and regulations. Further, agreement by the City to such construction, work or alteration <br />shall not in any manner be considered as imposing any obligation, duty or liability upon the City <br />as to the safety or propriety of such construction, work or activity. <br />3. Grantor hereby authorizes City to cut, trim and remove any and all brush, trees, <br />other vegetation or debris upon the Easement Area and the right of access for such purposes when <br />109715622.3 0073013-00042 <br />