GRMTOR: LNUM 3►oRTs,INC. APN: 941-1311-39-3 Attu 941.1311-3!
<br /> PROAcr JOHNSW DWA Ecomm Dtvammm Zama Pmo artcr
<br /> CITY OF PLEASANTON
<br /> AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT AND TEMPORARY
<br /> CONSTRUCTION EASEMENT
<br /> In consideration of the terms and cxondition set forth in this Agreement for Purchase of a
<br /> Permanent Easement and Temporary Construction Easement rAgreement"), Leisure Sports,
<br /> Inc.,a California corporation as to an undivided 2/3 Interest North Point Trust Company, L.L.C.,
<br /> a South Dakota limited liability company, in its capacity as Administrativve Trustee of The LSI-S
<br /> Trust created under The LSI-S Test Agreement dated June 29, 2018, as to an undivided 1/6
<br /> interest and North Point Trust Company,L.L.C.,a South Dakota limited liability company, in its
<br /> capacity as Administrative Trustee of The LSI-D Trust created under The LSI-D Trust Agreement
<br /> dated June 29, 201 S. as to an undivided US interest (collectively, 'GRANTOR-) hereby Wants
<br /> and dations this Agreement to the Civ of Pleasanton("CITY-)conweykng a Permanent Easement
<br /> and Temporary Construction Easement as set forM herein.
<br /> This Agreement is based on the following leas:
<br /> A. GRANTOR owns Properly located In the City of Pleasanton;
<br /> B. CITY wishes to construct a Project on Grantor's Property and vol require a permanent
<br /> easement and a temporary construction easement over a portion of the Property.
<br /> Now,therefore,the Parties agree.
<br /> 1. Definitions.In tfdt Agreement:
<br /> City means the City of Pleasanton,a political subdivision of the State of Calffbmla,and its
<br /> elected and appointed officials,of ars,employees,agents,contractors,and volunteers.
<br /> Project means the CII Y's Johnson Drive Economic Development?.one Project.
<br /> Grantor means Leleure Sports, Inc., a Californle corporation, as to an undivided 213
<br /> Interest; North Point Trust Company, L.L.C., a South Dakota limited liability
<br /> company,in Its capadty as Adn%kd*hvM ve Trueiee of The U04 Trust created under
<br /> The LSI-S Trust Agreement dated June 29,M 9,as to on undNided 116 Interest,and
<br /> North Pokit Trust Company,L.L.C.,a Smyth Dakota limited ftbi9ty company,In its �
<br /> capacity are ArantMst vdw Tremae of The LA-D Trust created under The LSI-D Trust
<br /> Agreement dated June 28,2018,as to an undivided IN Interest.
<br /> PmpwW means the pm**)owned by GRANTOR on which the permarw d easement and
<br /> temporary construction easement ane located, identified in Alt chment 1 (Legal
<br /> Description).
<br /> Ponnanert EaaonmW means the area of the Property to be acquired by the CITY as a
<br /> permanent easement,as described In Attachment 2,Including its Exhibits A and B.
<br /> TCE or the TCE Area means the Temporary Construction Easement,desuibed in
<br /> Attachment 3 including its Exhibits A and S.
<br /> Earc mw or Escrow Account means the escrow account established by the CITY at First
<br /> American Title Company, 920 r Avenue,Suns 1200,Seattle,WA 98104,Order
<br /> No.NCS-9169448-WA1
<br /> 2. Permanent Easement Deed. GRANTOR shall deposit in Escrow a Permanent Easement
<br /> Deed suitable for recordation conveying the Easement from GRANTOR to CITY.The Easement
<br /> must be free and clear of all liens, leases, encumbrances, recorded or unrecorded,
<br /> rA.1ar
<br /> 17277=2
<br />
|