Reso 2000-224 - Laserfiche WebLink

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portion of the Project which is not included within the Corrected Easement Parcels (the 8Released Property") shall be deemed released from, and no longer burdened or encumbered by, the tenns and provisions of the Easement and Easement Agreement. Any and all references herein or in the Easement Agreement shall be deemed references to the Corrected Easement Parcels. 2. Grantee, for Itself and Its successors and assigns, does hereby remise, release and quit-claim unto Ocean Two (and Ocean Two's successors and assigns), forever, any and all of Ocean Two's rights. title and interest in and to the Released Property and Grantee confirms and agrees that the Released Property shall not be burdened or encumbered by the Easement and/or Easement Agreement and that Grantee shall have no rights in or to the Released Property under the Easement and/or Easement Agreement. 3. In addition to the purposes set forth In Section 2 of the Easement Agreement, with respect to that portion of the Easement Parcels described as the 8North Easement- on Revised Exhibit 8S- attached hereto, Grantor hereby grants to Grantee a non-excluslve easement in favor of Grantee over, under and through the Easement Parcels such that It may be used by Grantee for the installation, maintenance, repair and replacement of underground cables, wires, and pipes, used or useful for public utilities or the provision of cable or other telecommunications purposes (the 8Cable Activities.). 4. Notwithstanding anything to the contrary In the Easement Agreement, the southern ten feet (10' of that portion of the Easement Parcels described as the "South Easement: on Revised Exhibit 8S- attached hereto may not be used for pedestrian Ingress and egress, but rather may only be used by the City for the persoMel of Its police and fire departments and other governmental authorities having jurisdiction over the Easement Parcels while engaged In the performance of their official duties. 5. Pursuant to Section 3 of the Easement Agreement, the City hereby approves construction upon the Easement Parcel substantially in accordance with the plan attached hereto as Exhibit 8C- hereof. 6. Notwithstanding anything to the contrary In the Easement Agreement, Inasmuch as the Project is presently under construction, the City agrees that, except only for the Cable Activities, no use shall be made of the Easement Parcels pursuant to the Easement Agreement until such time as the residential building contemplated to be constructed within the Project, as described in the Easement Agreement, has been substantially completed and a certificate of occupancy Issued therefor. Grantee further agrees that In connection with any permitted use of the Easement Parcel prior to the substantial completion of the Project, Grantee shall coordinate any such use with Grantor's construction schedule, and Grantee shall, in making such use, endeavor to minimize Interference with Grantor's use, occupancy and enjoyment of the Easement Parcel. 7. Except as specifically amended hereby, the Easement shall remain In full force and effect ab initio. 2