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B. For any maintenance, repair or replacement of the private utility lines in the Private <br /> Utility Easement needed after initial construction and installation, Grantee or its contractor shall <br /> coordinate in advance with the City's Parks Maintenance Division prior to entry into the City's <br /> open space on which the Private Utility Easement is located. In the case of an emergency, such <br /> advance coordination may be waived, so long as Grantees provide telephone notice to the City's <br /> Police Department non-emergency dispatch number(925) 931.5100 that Grantees or their <br /> contractors will be entering the City's open space for emergency repair of Grantees' private <br /> utilities. In such emergency situation, Grantees shall then provide the City's Parks Maintenance <br /> Division with notice as soon as practical thereafter. <br /> C. In recognition that the Private Utility Easement is within the City's open space property, <br /> Grantees covenant that they shall restore the surface of the Private Utility Easement area, as well <br /> as any adjacent areas within the City's open space, which are disturbed by Grantees or their <br /> contractors during initial construction and installation, as well as for all subsequent maintenance <br /> and repair of the private utility lines to a litter-free, graded or compacted to original condition, <br /> native grass seeded,natural condition that minimizes erosion, or as otherwise reasonable <br /> required by the City Engineer or his or her designee. <br /> D. This maintenance covenant shall remain in effect so long as Grantees have private utility <br /> lines within the Private Utility Easement, and this covenant shall be fulfilled by Grantees,their <br /> successors or assigns of 3466 Old Foothill Road. <br /> E. This maintenance covenant shall not be amended, released,terminated or removed <br /> without the prior written consent of the Grantor. <br /> III. Indemnification. As consideration for this Private Utility Easement and maintenance <br /> covenant, Grantees shall indemnify, defend and hold harmless Grantor, its successors and <br /> assigns from any claims for injury or property damage arising from Grantees' or their agents' <br /> negligence or misconduct in the use or maintenance of the private utility lines, as well as any <br /> damage caused by leaks or ruptures of the private utility lines,within the Private Utility <br /> Easement granted herein. <br /> IV. Relocation. The parties acknowledge that the Private Utility Easement is located within <br /> City open space. In the event that in the future the City decides to actively use such open space <br /> in a manner which requires the relocation of the Private Utility Easement,the Grantor and <br /> Grantees shall reasonably coordinate such relocation at the cost of the City if the City requests <br /> the relocation; or at the cost of the Grantees if the Grantees request the relocation. <br /> V. Reservation. Within this Private Utility Easement, Grantor shall have the right to install and <br /> maintain landscape improvements; to enter the area of the Public Utility Easement to construct, <br /> install, maintain,monitor, repair, and replace the landscape improvements in the Public Utility <br /> Easement area; and Grantor shall have the right to have members of the public enter the area of <br /> the Public Utility Easement and adjacent City open space. <br /> VI. Limitations on Grantor's Use of Easement. Grantor acknowledges that no trees will be <br /> planted and no structures built within the Public Utility Easement. <br /> Page 3 of 4 <br />