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GRANTOR: GREATER EAST BAY PROPERTIES,LLC APN: 941-1311-1 <br /> PROJECT: JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT <br /> CITY OF PLEASANTON <br /> AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT AND TEMPORARY <br /> CONSTRUCTION EASEMENT <br /> In consideration of the terms and conditions set forth in this Agreement for Purchase of a <br /> Permanent Easement and Temporary Construction Easement ("Agreement"), Greater East Bay <br /> Properties, LLC, a California limited liability company ("GRANTOR") hereby grants and delivers <br /> this Agreement to the City of Pleasanton ("CITY") conveying a Permanent Easement and <br /> Temporary Construction Easement as set forth herein. <br /> This Agreement is based on the following facts: <br /> A. GRANTOR owns Property located in the City of Pleasanton that currently is leased to <br /> Stanislaus.Funding, Inc., dba Patio World (Lessee"); <br /> B. CITY wishes to construct a Project on Grantor's Property and will require a permanent <br /> easement and a temporary.construction easement over a portion of the Property. <br /> C. In lieu of CITY exercising its power of eminent domain,.CITY and GRANTOR have agreed <br /> to the conveyances set forth in this Agreement. <br /> Now, therefore, the Parties agree: <br /> 1. Definitions. In this Agreement: <br /> City means the City of Pleasanton, a political subdivision of the State of California, and its <br /> elected and appointed officials, officers, employees, agents, contractors, and volunteers. <br /> Project means the CITY's Johnson Drive Economic Development Zone Project. <br /> Grantor means Greater East Bay Properties, LLC, a California limited liability company. <br /> Property means the parcel(s) owned by GRANTOR on which the permanent easement and <br /> temporary construction easement are located, identified in Attachment 1 (Legal <br /> Description). <br /> Permanent Easement 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 TCEArea means the Temporary Construction Easement,described in Attachment <br /> 3 including its Exhibits A and B. <br /> Escrow or Escrow Account means the escrow account established by the CITY at First <br /> American Title Company,920 5th Avenue,Suite 1200, Seattle,WA 98104,Order No.NCS- <br /> 955018-WA1 <br /> Effective Date means the date that this Agreement has been duly executed by all parties. <br /> 2. Permanent Easement Deed. GRANTOR shall deposit in Escrow a Grant of Easement <br /> suitable for recordation conveying the Easement from GRANTOR to CITY. The Easement must <br /> be free and clear of all liens, leases, encumbrances, recorded or unrecorded, assessments and <br /> taxes, except for any exceptions to title identified in the title report which are acceptable to CITY. <br /> It is GRANTOR's responsibility to clear any title exceptions not acceptable to CITY. If GRANTOR <br /> Is unable or unwilling to clear any title exceptions not accepted by CITY then CITY may terminate <br /> this Agreement whereupon the parties shall be returned to their respective positions existing <br /> immediately prior to the Effective Date. The form of the Grant of Easement shall be substantially <br /> as set forth in Attachment 2, including its Exhibits A(Legal Description)and B (Plat Map).. <br /> Page r 0 7 <br />