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l_ J <br />hereof. The term "related or incidental uses" is limited to the construction of <br />improvements and /or changes made to the Easement Area required to efficiently and <br />effectively provide 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, except for such portions of the <br />Easement Area described in Exhibits "B -3," "B-4," and "B -5" for which GRANTEE's right <br />shall be non - exclusive. <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 application for <br />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 />sidewalks as may interfere with said improvements. However, any excavation shall be <br />made in such a manner as will cause the least injury to the surface of the ground and <br />any improvements and /or landscaping around such excavation, and 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 />-2- <br />Agreement B <br />