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GRANTOR: 7164 JOHNSON DRIVE HOLDINGS, LLC PROJECT. JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT APN: 941-1311-022-1 CITY OF PLEASANTON AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT In consideration of the terms and conditions set forth in this Agreement for Purchase of a Permanent Easement and Temporary Construction Easement ("Agreement"), 7164 Johnson Drive Holdings, LLC, a California limited liability company ("GRANTOR") hereby grants and delivers this Agreement to the City of Pleasanton ("CITY") conveying a Permanent Easement and Temporary Construction Easement as set forth herein. This Agreement is based on the following facts: A. GRANTOR owns Property located in the City of Pleasanton; B. CITY wishes to construct a Project on Grantor's Property and will require a permanent easement and a temporary construction easement over a portion of the Property. Now, therefore, the Parties agree: 1. Definitions. In this Agreement: City means the City of Pleasanton, a political subdivision of the State of California, and its elected and appointed officials, officers, employees, agents, contractors, and volunteers. Project means the CITY's Johnson Drive Economic Development Zone Project. Grantor means 7164 Johnson Drive Holdings, LLC, a California limited liability company. Property means the parcel(s) owned by GRANTOR on which the permanent easement and temporary construction easement are located, identified in Attachment 1 (Legal Description), Permanent Easement means the area of the Property to be acquired by the CITY as a permanent easement, as described in Attachment 2, including its Exhibits A and B. TCE or the TICE Area means the Temporary Construction Easement, described in Attachment 3 including its Exhibits A and B. Escrow or Escrow Account means the escrow account established by the CITY at First American Title Company, 920 51 Avenue, Suite 1200, Seattle, WA 98104, Order No. NCS -955021 -WA 1 Z_ Permanent Easement Deed. GRANTOR shall deposit in Escrow a Permanent Easement Deed suitable for recordation conveying the Easement from GRANTOR to CITY. The Easement must be free and clear of all liens, leases, encumbrances, recorded ar unrecorded, assessments and taxes, except for any exceptions to title identified in the title report which are acceptable to CITY. It is GRANTOR's responsibility to clear any title exceptions not acceptable to CITY. The form of the Easement Deed shall be substantially as set forth in Attachment 2, including its Exhibits A (Legal Description) and B (Plat Map). 3. Pyrchase. A. Consideration. CITY shall pay the sum of Ninety -Eight Thousand Seven Hundred and no1100 Dollars ($98,700.00) to the Escrow Account as consideration for the Easement and TGE. Page 1 of?'