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of approximately 835 square feet along the southern boundary of the Jefferson Park Avenue right-of- way, as shown on the attached Plat. Such easement shall be used for the installation and • maintenance of the permanent foundation, with columns of support, for the pedestrian walkway over Jefferson Park Avenue. The facilities constructed by Grantee shall remain the property of Grantee. Grantee shall have the right to inspect, rebuild, repair, improve and make such changes, alterations, additions to or extensions of its facilities within the boundaries of said easement which are consistent with the purposes expressed herein. All construction, maintenance, equipment and facilities shall comply with any applicable laws, regulations or codes. Grantee shall restore Grantor's premises, including the right-of-way, as nearly to their original condition as practicable, including backfilling of trenches, reconstruction of sidewalks, curbs or roads, reseeding of lands, removal of trash and debris, and removal of any equipment, accessories or appurtenances not consistent with the construction, maintenance or operation of said facilities or the exercise of any rights or privileges expressed herein. Grantee shall maintain said right-of-way and facilities in such repair as not to endanger or otherwise limit the enjoyment and use of adjacent properties. Grantee shall have the right of ingress and egress from said easement over the lands of the Grantor. Grantee shall exercise such right in such manner as shall not occasion injury and inconvenience to the Grantor or the public. Grantee shall at Grantor's election pay for or repair any injury to any of Grantor's land, structures, roads, fences, sidewalks, curbs and other improvements • caused by Grantee, its employees, agents or contractors. Grantee shall notify Grantor immediately of any such injury, and shall make said payment or repair as soon as reasonably possible but not to exceed thirty (30) days after such injury occurs. Grantee shall be responsible for the payment of those claims for personal injury or death arising out of any act or omission of its employees or agents in connection with the exercise of its rights hereunder for which it is held liable under applicable law. Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of Grantee. Grantor, its successors and assigns may use said easement for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with the safe and efficient construction, operation or maintenance of Grantee's facilities. The easement of approximately 835 square feet shall be in effect for a period of forty (40) years, and the easement for the columns of support shall be in effect for a period of sixty (60) years; however, if Grantee at any time discontinues use of all or any portion of the easement herein conveyed for a period of one (1) year, all of Grantee's rights and interest in said easement or portion thereof shall terminate and revert to Grantor, its successors and assigns, and Grantee shall at its expense remove any facilities and restore Grantor's property as nearly to its original condition as practicable, and on written request by Grantor, Grantee shall quitclaim and release same. Both Grantor and Grantee agree and attest that no other agreement, either written or implied, has been entered into by either or both parties except as expressed hereinabove. • Ownership of the underlying right-of-way fee and the air rights not conveyed by this deed shall remain in the City of Charlottesville. The air rights conveyed herein shall in no way restrict the 2