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GRANTOR: GARNET BEAR, L.P. APN: 941-1311-2 <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"), Garnet Bear, a <br /> Calif L.P., a California limited partnership ("GRANTOR") hereby grants and delivers this <br /> Agreement to the City of Pleasanton ("CITY") conveying a Permanent Easement and Temporary <br /> 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; <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 /> 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 Garnet Bear, a Calif L.P., a California limited partnership. <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 TCE Area means the Temporary Construction Easement, described in <br /> Attachment 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 51h Avenue, Suite 1200, Seattle, WA 98104, Order <br /> No.NCS-955019-WA1 <br /> 2. Permanent Easement Deed. GRANTOR shall deposit in Escrow a Permanent Easement <br /> Deed suitable for recordation conveying the Easement from GRANTOR to CITY. The Easement <br /> must be free and clear of all liens, leases, encumbrances, recorded or unrecorded, <br /> assessments and taxes, except for any exceptions to title identified in the title report which are <br /> acceptable to CITY. It is GRANTOR's responsibility to clear any title exceptions not acceptable <br /> to CITY. The form of the Easement Deed shall be substantially as set forth in Attachment 2, <br /> including its Exhibits A (Legal Description) and B (Plat Map). <br /> 3. Purchase. <br /> A. Consideration. CITY shall pay the sum of Ninety-Nine Thousand Four Hundred and <br /> no/100 Dollars ($99,400.00) to the Escrow Account as consideration for the Easement and <br /> TCE. <br /> Page 1 of 6 <br />