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• • <br />changes made to the Easement Area required to efficiently and effectively provide <br />railroad use. <br />To have and to hold unto the GRANTEE for the object and purpose of <br />constructing, reconstructing, operating, maintaining and using thereon a railroad and <br />appurtenances thereto. GRANTEE's railroad easement and right-of--way shall be <br />exclusive over the surface of the Easement Area. <br />2. The parties to this Agreement anticipate that the GRANTEE's needs and <br />requirements relating to the use of the easement granted in this Agreement may change <br />in the future as a result of technological improvements and/or economic conditions. <br />Consequently, the parties agree that GRANTEE's use of the easement for railroad <br />transportation may change, and that GRANTEE may change or increase GRANTEE's <br />use of the easement to accommodate and facilitate the "related or incidental uses" as <br />described herein, provided that any new use does not unreasonably increase the <br />burden on the servient tenement and the easement continues to be used for railroad <br />use. <br />3• By acceptance of this Easement Agreement, GRANTEE agrees that this <br />grant is subject to the following express limitations: <br />a. No construction shall be commenced within said Easement Area without prior <br />written notification to the Executive Director of Public Works of the City of Santa Ana or <br />designee (hereinafter referred to as "DIRECTOR) and, if necessary, a permit for <br />construction has been issued by GRANTOR. GRANTOR agrees that such application <br />for permits shall be reviewed within a reasonable time following receipt thereof, and that <br />approval will not be withheld without good cause. <br />b. GRANTEE shall have the right to undertake work on gutters, curbs and <br />sidewalk as may interfere with said improvements. However, excavation shall be made <br />in such manner as will cause the least injury to the surface of the ground and any <br />improvements and/or landscaping around such excavation, and that the earth so <br />removed shall be replaced and the surface of the ground and any improvements <br />(including without limitation to gutters, curbs and sidewalks) and/or landscaping around <br />such excavation damaged shall be promptly restored by GRANTEE (including, if <br />necessary, re-striping of Lincoln Boulevard) at its sole expense to the same condition as <br />existed prior to excavation and improvement, to DIRECTOR's satisfaction. <br />c. All improvements constructed or placed in the Easement Area by GRANTEE <br />shall be operated and maintained at no cost to GRANTOR and GRANTEE shall <br />maintain said improvements in a good state of repair. <br />d. GRANTEE shall hold GRANTOR harmless from any loss for damages resulting <br />from the inadequacy of the design, construction, operation and/or maintenance of any <br />permanent or temporary improvements constructed by GRANTEE within the Easement <br />Area. GRANTEE shall indemnify, defend with counsel mutually accepted by <br />-2- <br />Agreement A <br />