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t <br /> <br />streetscape and to enhance the visual quality of the <br />Civic Center Area. City hereby grants Purchaser <br />a right-of-entry to complete said improvements and <br />landscaping, <br /> <br /> c. Purchaser agrees to maintain the property in <br />a landscaped condition with plant materials in a healthy <br />condition, with hard surfaces and fixtures in good <br />repair and with a reasonable program of maintenance to <br />keep the property weedfree and litterfree; and provided <br />that <br /> <br /> d. Purchaser or its successors in interest shall <br />covenant to indemnify and hold harmless the City and <br />City's agents, employees and invitees against any and <br />all liability for damage to property or persons based <br />upon the condition or maintenance of the property. <br /> <br /> e. Upon approval by the City of a Planned Unit <br />Development for the consolidated parcel, Purchaser's <br />obligations pursuant to sections a, b, c, and d of this <br />Paragraph 3 shall cease and be of no further force and <br />effect. <br /> <br />Said covenants shall run with the Surplus Property and APN <br />Nos. 94-156-12-2 and 94-156-12-3 and may be enforced by the <br />City of Pleasanton. Except as specifically provided above, <br />the property will be free and clear of all liens, encumbrances, <br />assessments, easements, leases (collectively "Encumbrances") <br />save and except any Encumbrances which existed as of the <br />date City originally took title to the Property. <br /> <br /> 4. Fees and Title Insurance. The parties shall split <br /> all escrow and recording fees incurred in this transaction <br /> but if title insurance is desired, the Purchaser shall be <br /> responsible for the premium charge. <br /> <br />CAT, NO, NN00627 <br />· o TICOR TITte INSURANC <br />(Individual) <br /> <br />On/~tdC-/d'3T c~'~/~'~d2'Stc before me theundersigned. a ' ' and for <br /> , personally known to me or <br /> <br />within instrument and acknowledged that j fiE/exe- <br /> <br />WITNESS my hand and official seal. <br /> <br />(This area for official notarial seal) <br /> <br /> Peter D. MacDonald, City Attorney <br />_9_ <br /> <br /> <br />