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2. Grant of Access Easements to Citx Through <br />Hopyard Center· <br /> <br /> a. Hopyard shall grant to City two easements <br />of access to the Canal Easement Area. The first easement of <br />access ("Hopyard Road Easement") shall connect Hopyard Road <br />to the Canal Easement Area, over a portion of the Hopyard <br />Center. The form of the Hopyard Road Easement shall be as <br />set forth in Exhibit E attached hereto. <br /> <br /> b. Hopyard shall grant to City a second <br />easement of access ("Secondary Easement") to the Canal <br />Easement Area. The Secondary Easement, in the form attached <br />hereto as Exhibit F, and the Hopyard Road Easement, shall be <br />nonexclusive with respect to Hopyard and patrons of Hopyard <br />Center, shall be twenty-four (24) feet in width and paved <br />and maintained in good condition by Hopyard. <br /> <br /> 3. Grant of Easement by City. City shall grant <br />the Pleasanton Canal Easement to Hopyard for construction <br />and use of the Parking Facility. The Pleasanton Canal <br />Easement shall run to the benefit of Hopyard and Hopyard's <br />successors, assigns, lessees, licensees, permittees, and <br />patrons of the Hopyard Center. <br /> <br /> 4. '~ ' ' ' '. Use <br />of the Parki 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 regulate or impair the use <br />of spaces in the Parking Facility by Hopyard, and Hopyard's <br />licensees, permittees, patrons and employees, between 8:00 <br />a.m. and 6:00 p.m., or prevent such use during other times. <br />Except as provided herein, the City ordinances and use <br />regulations pertaining to public parks shall apply to the <br />Parking Facility. <br /> <br /> 5. Satisfactory Progress. <br /> <br /> a. City hereby acknowledges that execution <br />of this Agreement constitutes good faith progress by Hopyard <br />toward construction of the Parking Facility. Based upon <br />Hopyard's good faith progress and execution of this Agree- <br />ment, the requirement to post Letters of Credit imposed by <br />the In-Lieu Parking Agreement shall be deemed satisfied <br />until May 1, 1987 and occupancy of the existing center may <br />proceed as to Dr. Eng (1,100 square feet), Tropical Fish <br /> <br /> K559-26-A/08Sep86/a <br /> <br /> <br />