Laserfiche WebLink
approximate five foot area adjacent to the easterly property line abutting the proposed <br />future park area.. <br />f The purpose of this Agreement is for the City to possess the right and <br />obligation to access the Property in the described area in order to maintain and landscape <br />(including irrigation and planting) the Property in a clean and attractive nature. <br />2. Grant of Easement. Grantor hereby grants to City the easement to access said <br />portion of the Property described in Exhibit A (and depicted in Exhibit B) for landscape <br />and maintenance purposes. Said exhibits are attached hereto and incorporated herein by <br />reference. <br />3. Non - exclusivity of Easement. The easement granted in this Agreement is <br />nonexclusive and Grantor retains the right to make any use of the Property, including the <br />right to grant concurrent easements in the Property to third parties that does not <br />unreasonably interfere with City's free use and enjoyment of this easement. This <br />easement is made subject and subordinate to the prior and continuing right of Grantor to <br />use the Property. <br />4. Amendment. This Agreement may be amended by a writing executed by written <br />approval of both parties. <br />Miscellaneous Provisions. <br />a. The invalidity in whole or in part of any provision of this Agreement shall <br />not void or affect the validity of any other provision of this Agreement. <br />b. This Agreement has been executed and delivered in the State of California <br />and the validity, interpretation, performance, and enforcement of any of the clauses of <br />this Agreement shall be determined and governed by the laws of the State of California. <br />Both parties further agree that Orange County, California, shall be the venue for any <br />action or proceeding that may be brought or arise out of, in connection with or by reason <br />of this Agreement. <br />C. This Agreement supersedes any and all other agreements either oral or in <br />writing between the parties hereto with respect to the terms set forth in this Agreement <br />and `contains all the covenants and agreements between the parties with respect thereto. <br />Each party to this Agreement acknowledges that no representation, inducements, <br />promises or agreements, orally or otherwise, have been made by any party, or anyone <br />acting on behalf of any party, with respect to such terms, which are not embodied herein, <br />and that no amendment hereto shall be effective unless set forth in writing and signed by <br />both the City and Grantor. <br />d. If an action is commenced to enforce any provision of this Agreement, the <br />prevailing party, as determined by a final court judgment, shall be entitled to recover <br />