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91-119289 <br />Area was not necessary for public purposes. <br />NOW, THEREFORE, the parties hereto hereby agree as <br />follows: <br />1. Easement Modification. <br />1.1 Notwithstanding anything to the contrary in <br />the Easement Agreement, City hereby consents to and authorizes <br />Developer to construct a building and related improvements on, over <br />and around the Easement Area. <br />1.2 In connection with Developer's construction of <br />such building and related improvements, Developer shall construct <br />(i) a concrete encasement or sleave (the "Encasement") over the <br />existing drainage pipe located in the Easement Area and (ii) a new <br />manhole at the southern end of the Encasement. The Encasement and <br />manhole are collectively referred to as the "Drainage <br />Improvements." The Drainage Improvements shall be constructed in <br />accordance with the plans and specifications approved by the City's <br />Public Works Department and attached as Exhibit "B" hereto. <br />1.3 Upon recordation of this Agreement, the <br />"Easement Area" as defined herein shall be revised to provide the <br />City with a right of access to the manhole cover and to allow <br />buildings and improvements above the Easement Area. The revised <br />Easement Area is more particularly described in Exhibit "C" hereto. <br />At such time as the Drainage Improvements are completed, they shall <br />become the property of the City. <br />2. Maintenance and Repair. City shall continue to be <br />responsible for the repair and maintenance of the drainage <br />facilities and Drainage Improvements in the Easement Area. <br />3. Release. Developer hereby releases City, its <br />agencies, officials, agents, employees and representatives from any <br />and all claims which may arise from the activities of the City, its <br />agencies, officials, agents, employees or representatives relating <br />to this Agreement. <br />4. Processing Permits. City agrees to cooperate with <br />Developer and process any and all required permits and approvals <br />in connection with the expansion of the Shopping Center, the <br />construction of the Drainage Improvements and related matters on <br />an expedited "high priority" basis. <br />5. Insurance. Developer hereby covenants and agrees to <br />maintain adequate insurance during the construction of the <br />Drainage Improvements in amounts determined by Developer as <br />reasonably necessary to protect Developer and the City during the <br />course of construction. <br />AJF/20130/1H3Z0022.WP0 -2 - 12/26/90 <br />