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(E) Except as shown in the Attachent 2, Exhibit B and C, the work to be performed by the City or its contractors <br /> hereunder, the City shall restore the property (as improved hereby) to substantially the same condition as it <br /> was in prior to the commencement of such work. Without limiting the foregoing, the City shall cause any <br /> existing palm trees which are removed in connection with the exercise of its rights under this easement to be <br /> replaced with palm trees of similar value, height and maturity. <br /> It is understood that the period of use of said easement shall exist for a period of no more than 12 months and <br /> shall commence with the first entry onto owner's property by City's contractor. Upon completion of street <br /> widening work, the Easement Area shall be maintained with landscaping in compliance with City ordinances as <br /> applicable to this site. This easement shall terminate upon completion of said construction and in any event shall <br /> cease and terminate not later than December 31, 2011. <br /> THE DECLARATION OF TRUST OF HPT CW PROPERTIES TRUST, A COPY OF WHICH IS DULY FILED <br /> WITH THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES <br /> THAT THE NAME "HPT CW PROPERTIES TRUST" REFERS TO THE TRUSTEES UNDER SUCH <br /> DECLARATION OF TRUST COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, <br /> AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF HPT CW PROPERTIES <br /> TRUST SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION <br /> OF, OR CLAIM AGAINST, THE HPT CW PROPERTIES TRUST. ALL PERSONS DEALING WITH HPT CW <br /> PROPERTIES TRUST, IN ANY WAY SHALL LOOK ONLY TO THE ASSETS OF HPT CW PROPERTIES <br /> TRUST FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. <br /> HPT CW Properties Trust, a Maryland Real Estate Investment Trust <br /> BY~ Date: .2009 <br /> Its: <br /> STATE OF CALIFORNIA }ss. <br /> COUNTY OF } <br /> On 2009, before me, <br /> personally appeared <br /> who proved to me on the basis of satisfactory evidence to be the person(s) whose <br /> name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized <br /> capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, <br /> executed the instrument. <br /> I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. <br /> <br /> Signature <br /> Signature of Notary Public place notary seal above <br /> Page 12 of 24 <br /> 25A-40 <br /> <br />