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create a surplus of approximately thirty-four (34) parking <br />spaces which will be available to users of the City-owned <br />Sports Park and because of different times of peak use for <br />Hopyard Center and the Sports Park, in many instances the <br />surplus will be considerably larger. <br /> <br /> NOW, TBEREFORE, IN CONSIDERATION of the mutual <br />covenants and promises of the parties, the parties hereto <br />agree as follows: <br /> <br /> 1. Construction of Parking Facility. Contingent <br />upon the City providing Hopyard with a non-exclusive <br />easement ("Pleasanton Canal Easement") to Parcel B over the <br />Pleasanton Canal (in the form attached hereto as Exhibit C), <br />and simultaneous receipt by City of an executed Improvement <br />Agreement with bonding satisfactory to the City Attorney, <br />Hopyard will construct a parking area ("Parking Facility") <br />in the approximate configuration as shown in Exhibit D. <br />Hopyard shall be responsible for preparing all engineering <br />plans and obtaining approval of the Parking Facility from <br />Zone 7, the City, and other governmental agencies with <br />approval authority. City shall cooperate with Hopyard and <br />assist Hopyard in obtaining the approval of the plans from <br />Zone 7. <br /> <br /> 2. Grant of Access Easement to Zone 7 Through <br />Bopyard Center. Hopyard shall grant to Zone 7 an easement <br />of access ("Zone 7 Easement") connecting from Hopyard Road <br />to the Parking Facility. The Zone 7 Easement, in the form <br />attached hereto as Exhibit E, shall be non-exclusive, shall <br />be twenty-four (24) feet in width, shall be paved and <br />maintained in good and safe condition by Hopyard and shall <br />provide that Zone 7 will defend, indemnify and hold Hopyard <br />harmless from and against all damage, loss, liability or <br />expense for personal injury or property damage arising out <br />of Zone 7's negligence in the use of the Zone 7 Easement. <br /> <br /> 3. Grant of Access Easements to City Through <br />Bopyard Center. <br /> <br /> a. Hopyard shall grant to City two easements <br />of access to Parcel B. The first easement of access <br /> ("Hopyard Road Easement") shall have the exact location, <br />dimensions and limitations as the Zone 7 Easement. The form <br />of the Hopyard Road Easement shall be as set forth in <br />Exhibit F attached hereto. <br /> <br /> K462-18-C/12Feb86 <br /> <br /> <br />