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the City, unless in the case of an emergency; and (b) Public Utility shall promptly repair, at its sole cost, <br /> any damage caused by the Public Utility or its agents to the Easement Area improvements or any <br /> surrounding real property, personal property and improvements damaged while accessing the Easement <br /> Area. <br /> The City may not erect any permanent structure in the Easement Area. <br /> The City shall not have any obligations with respect to the PUE or the Easement Area except as <br /> specifically provided herein. <br /> Attached hereto as Exhibit "C" is the consent of the Kottinger Gardens Phase 2 Associates, L.P., a <br /> California limited partnership (the "Partnership"), the lessee under a Ground Lease from the City of <br /> Pleasanton, a California municipal corporation ("City") pursuant to a Ground Lease dated as of <br /> December 1, 2017 (the "Ground Lease"), which Ground Lease includes the Easement Area. <br /> This Declaration shall be binding on and inure to the benefit of the City and all successive owners of a <br /> fee or leasehold interest in the Easement Area. <br /> Dated <br /> The City of Pleasanton, a California municipal corporation <br /> By: <br /> Printed Name: <br /> Title: <br /> Signature Must Be Notarized <br /> 18-0813 Declaration of PUE Easement-fee + leasehold <br /> consent 2 <br />