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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 t~ ees 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 e s Trust, a Maryland Real Estate Investment Trust <br />BY~ J- Date: '~A n ~ ~'` , 26Ur ~®~ o <br />Its: SFM ~C V~'4~ Pc~i'~Cw c..~ - <br />~'I~.SS <br />STATE OF G4Eif8RidiA ~ ~ j~~ (f1x }ss. <br />COUNTY OF !- ~ l 1 <br />/ j ~ ~Rr - ti u personally appeared <br />~~Yt~~ tern ~ e~h 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. I~ <br />/ ' l~ <br />I certify under PENALTY OF PERJURY un r the ws of e - that the foregoing paragraph is true and correct. <br />Signature <br />Signature o otary Pu c place notary seal above <br />~, CAMILL~ BALLE'fT0 <br />~`~j, Notary Public <br />{Ij$~~COt~MONWEALTH OF MASSACHUSETTS <br />My Commission Expires <br />August 12, 2016 <br />Page 12 of 24 <br />