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GRANTOR: GARNET BEAR,L.P. APN: 941-1311-2 PROJECT: JOHNSON DRIVE EcoNomsc DEVELOPWNT ZONE PROJECT CITY OF PLEASANTON AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT In consideration of the terms and conditions set forth in this Agreement for Purchase of a Permanent Easement and Temporary Construction Easement (*Agreement"), Garnet Hear, a Calif L.P., a California limited partnership ("GRANTOR") hereby grants and delivers this Agreement to the City of Pleasanton(*CITY")conveying a Permanent Easement and Temporary Construction Easement as set forth heroin. r This Agreement Is based on the following facts: A. GRANTOR owns Property located in the City of Pleasanton; B. CITY wishes to construct a Project on Grantor's Property and will require a permanent easement and a temporary construction easement over a portion of the Property. Now,therefore,the Parties agree: 1. ierfinitioons. In this Agreement: City means the City of Pleasanton,a political subdivision of the State of California, and its elected and appointed oMcials, officers, employees, agents, contractors,and volunteers. Project means the CITY's Johnson Drive Economic Development Zone Project. Grantor means Garnet Bear,a Calif.L.P.,a California limited partnership. Property means the psrceKs)owned by GRANTOR on which the permanent easement and temporary construction easement are located,Identified In Attachment 1 (Legal Description). Permanent Easement means the area of the Property to be acquired by the CITY as a permanent easement,as described in Attachment 2, Including its Exhiblt"s A and B. TCE or the TCE Area means the Temporary Construction Easement,described In Attachment 3 including its Exhibits A and B. { Escrow or Escrow Account means the escrow account established by the CITY at First American 1I09 Company,920 5*1 Avenue,Suite 12W,Seattle,WA 98104,Order No.NCS-955019-WA1 2. Permanent Easement Heed. GRANTOR shall deposit in Escrow a Permanent Easement Deed suitable for recordation conveying the Easement from GRANTOR to CITY.The Easement must be free and clear of all liens, leases,encumbrances,recorded or unrecorded. assessments and taxes,except for any exception to tide identified in the title report which are acceptable to CITY. it Is GRANTOR"s responsibliity to dear any title exceptions not acceptable to CITY. The form of the Easement Deed shall be substantially as set forth In Attachment 2, Including its Exhibits A(Legal Description)and B(Plat Map). 3. Purchase. A. Consideration. CITY shall pay the sum of Ninety-Nine Thousand Four Hundred and no/100 Dollars($99,400.00)to the Escrow Account as consideration for the Easement and TCE. Paps f ole