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b. Hopyard shall grant to City a second <br />easement of access ("Secondary Easement") to Parcel B and <br />adjacent City lands. The Secondary Easement shall be non- <br />specific and shall provide that City shall defend, <br />indemnify, and hold Hopyard harmless from and against all <br />damage, loss, liability or expense for personal injury or <br />property damage arising out of City's negligence in the use <br />of the Secondary Easement. The Secondary Easement, in the <br />form attached hereto as Exhibit G, which shall be nonexclu- <br />sive with respect to Hopyard and patrons of Hopyard Center, <br />shall be twenty-four (24) feet in width and paved and <br />maintained in good and safe condition by Hopyard. <br /> <br /> 4. Grant of Easement by City. Upon conveyance of <br />the parking area on Parcel B from Zone 7 to the City, City <br />shall immediately grant the Pleasanton Canal Easement to <br />Hopyard for construction and use of the Parking Facility. <br />The Pleasanton Canal Easement, in the form attached hereto <br />as Exhibit C, shall run to the benefit of Hopyard and <br />Hopyard's successors, assigns, lessees, licensees, permit- <br />tees, and patrons Of the Hopyard Center, and shall be <br />nonexclusive to the use of the Parking Facility by the <br />public, the City, and for Zone 7 access to the extent <br />permitted by the City's easement to Zone 7. <br /> <br /> 5. City RegulatiOn of the Parking Facility. Use <br />of the Parking Facility by Hopyard and its successors, <br />assigns, lessees, licensees, permittees and patrons shall be <br />subject to reasonable regulation by the City; provided, <br />however, that (a) City shall not determine that Hopyard <br />Center does not meet any City parking requirement because of <br />changes or reductions in parking which result from City <br />regulation of the Parking Facility, and (b) City regulation <br />of the Parking Facility shall not prevent the use of spaces <br />in the Parking Facility by Hopyard, and Hopyard's licensees, <br />permittees, patrons and employees~ between 8:00 a.m. and <br />6:00 p.m. <br /> <br /> 6. Satisfactory Progress. <br /> <br /> a. The City hereby acknowledges that <br />execution of this Agreement constitutes good faith progress <br />by Hopyard towards construction of the Parking Facility. <br />Based upon this good faith progress, the Letter of Credit <br />which Section 2(e) of the In-Lieu Parking Agreement requires <br />Hopyard to provide the City in the amount of Eighty-Eight <br />Thousand Eight Hundred Dollars ($88,800.00) as of March 1, <br />1986 need not be posted until June 1, 1986. <br /> <br /> K462-18-C/12Feb86 <br /> <br /> <br />