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<br />1. Grant of Easements.
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<br />1,1, Drivewav Access Easement. The City hereby grants to the State and
<br />its Related Parties (as hereinafter defined) a non-exclusive easement over portions of the City
<br />Parcel in the areas identified as "1 C" on Exhibit D attached hereto for purposes of vehicular
<br />and pedestrian access, ingress, and egress between Santa Ana Boulevard and the City Parking
<br />Structure (as defined below). For purposes of this Agreement, the term "Related Parties" shall
<br />mean the officials, representatives, agents, employees, contractors, subcontractors, guests,
<br />invitees, agencies, departments, political subdivisions (as applicable), successors, and assigns
<br />of the particular Party referenced in connection therewith.
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<br />1,2, EmerClencv Access Easements.
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<br />1,2,1, The State hereby grants to the City and its Related Parties a non-
<br />exclusive easement over the portions of the State Parcel identified as "1 E" on Exhibit D
<br />attached hereto for purposes of access, ingress, and egress by pedestrians and emergency
<br />personnel and vehicles (e.g., fire, police, paramedics), and for fire lane and emergency vehicle
<br />access purposes in accordance with the requirements of the Uniform Fire Code, to and from the
<br />State Parcel and the City Parcel; and
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<br />1.2,2, The City hereby grants to the State and its Related Parties a non-
<br />exclusive easement over the portions of the City Parcel identified as "1 D" on Exhibit D attached
<br />hereto for purposes of access, ingress, and egress purposes by pedestrians and emergency
<br />personnel only (e,g., fire, police, paramedics) to and from the State Parcel and the City Parcel.
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<br />1,3, Lift Station Easement. The State hereby grants to the City and its
<br />Related Parties a non-exclusive easement over the State Parcel for purposes of access to, and
<br />maintenance of, the transformer and the storm sewer lift station (below street grade) located on
<br />the portions of the State Parcel identified as "1 B" on Exhibit D attached hereto ("Lift Station").
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<br />1.4, State ParkinCl Easement. The City hereby grants to the State and its
<br />Related Parties an exclusive easement and irrevocable and perpetual right to use the State
<br />Parking Area, which will be comprised of the entire ground floor of the City Parking Structure, as
<br />shown and described on Exhibit C attached hereto, for purposes of secured and segregated
<br />parking and any purposes related or incidental thereto.
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<br />1.5, City ParkinCl Structure Easements. The State hereby grants to the City
<br />and its Related Parties non-exclusive easements over the portions of the State Parcel identified
<br />as "1E" on Exhibit D attached hereto for purposes of (i) maintenance and repair of the City
<br />Parking Structure, and (ii) the construction, maintenance, repair, and replacement of the
<br />footings and subsurface foundations of the City Parking Structure along the westerly boundary
<br />of the State Parcel. The extent of the easements for the footings and foundation improvements
<br />shall be defined and limited by the as-built improvements as and when constructed. The City
<br />shall notify the State at least seven (7) days prior to the City's entry upon the State Parcel for
<br />purposes of exercising the easement rights granted under this Section 1.5. The City shall use
<br />reasonable efforts to minimize any disturbance or damage to the State Parcel in connection with
<br />the City's exercise of its rights hereunder, and the City shall restore the State Parcel to good
<br />condition if the City's activities on the State Parcel result in any disturbance or damage to the
<br />State Parcel, at the City's sole cost and expense.
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<br />557986.11
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