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GRANTOR: LEISURE SPORTS, INC. APN: 941-1311-36-3 AND 941-1311-39 <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"), Leisure Sports, <br />Inc., a California corporation as to an undivided 2/3 interest; North Point Trust Company, L.L.C., <br />a South Dakota limited liability company, in its capacity as Administrative Trustee of The LSI -S <br />Trust created under The LSI -S Trust Agreement dated June 29, 2018, as to an undivided 1/6 <br />interest; and North Point Trust Company, L.L.C., a South Dakota limited liability company, in its <br />capacity as Administrative Trustee of The LSI -D Trust created under The LSI -D Trust Agreement <br />dated June 29, 2018, as to an undivided 1/6 interest (collectively, "GRANTOR") hereby grants <br />and delivers this Agreement to the City of Pleasanton ("CITY") conveying a Permanent Easement <br />and Temporary 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 Leisure Sports, Inc., a California corporation, as to an undivided 2/3 <br />interest; North Point Trust Company, L.L.C., a South Dakota limited liability <br />company, in its capacity as Administrative Trustee of The LSI -S Trust created under <br />The LSI -S Trust Agreement dated June 29, 2019, as to an undivided 116 interest; and <br />North Point Trust Company, L.L.C., a South Dakota limited liability company, in its <br />capacity as Administrative Trustee of The LSI -D Trust created under The LSI -D Trust <br />Agreement dated June 29, 2018, as to an undivided 1/6 interest. <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 Wh Avenue, Suite 1200, Seattle, WA 98104, Order <br />No.NCS-969448-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 />Page 1 of 6 <br />17277282.2 <br />