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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 />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 />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 />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 />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 />4. Fees and Title Insurance. The parties shall split <br />all escrow an recor ing ees incurred in this transaction <br />but if title insurance is desired, the Purchaser shall be <br />responsible for the premium charge. <br />5. Whole of Agreement. The parties have set forth <br />herein the~o~.e o their agreement. The performance of <br />this agreement constitutes the entire consideration for the <br />conveyance of the land shown on Exhibit "A" and shall relieve <br />the Purchaser of all further obligations or claims on this <br />account. <br />PURCHASER: <br />averne '.` arment <br />CITY: <br />ATTE S p~~~ <br />~~~lJ~- <br />es R. Walker, City Clerk <br />-~- <br />yor <br />A RROVED AS TO FORM: <br />n^ ~ <br />L .- <br />Peter n. MacDon d, it Attorney <br />