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EASEMENT~AGREEMENT AND BILATERAL ESCROW INSTRUCTIONS <br /> <br /> THIS AGREEMENT("Agreement"), entered into on <br /> 2010, <br /> between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the <br /> Constitution and laws of the State of California (hereinafter "City"), and Eari Scheib Realty Corp., a <br /> California corporation, who acquired title as Redwood City Auto Paint Shop, Inc. (hereinafter <br /> <br /> "Owner"), regardless of number or gender; <br /> <br /> THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and <br /> subject to the terms, conditions and provisions of this Agreement, Owner agrees to grant to City, in <br /> <br /> exchange for the consideration described herein, an easement (the "Permanent Easement") and a <br /> <br /> temporary construction easement ("TCE" and together with the Permanent Easement, the <br /> <br /> "Easements") to a portion of that certain real property (hereinafter the "Premises") iegally described <br /> and depicted as foliaws: <br /> SEE EXHIBIT "A" -Legal Description <br /> and EXHIBIT "B" -Graphical Depiction <br /> ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF <br /> {Commonly known as a portion of 1102 E. 17~' Street, Santa Ana, Ca) <br /> The creation of the Easements shall be in accordance with and subject to all of the following terms, <br /> conditions, promises, covenants, agreements and provisions, to wit: <br /> 1. Easements. The Owner shall grant to the City the fallowing Easements pursuant to the terms <br /> and obligations set forth herein: <br /> (a} The Permanent Easement shall be in the form of the Easement Deed set forth in Exhibit "C" to <br /> this Agreement. <br /> (b} The Temporary Construction Easement (hereinafter "TCE") shall be as described in the attached <br /> Exhibit "A-1" and depicted on the attached Exhibit "B." This Temporary Construction Easement, <br /> for purposes incidental to construct the proposed improvements to 1102 E. 17~' Street, is granted <br /> subject to the following construction parameters: <br /> (i) During construction of driveway approaches, access to the business will be maintained <br /> at afl times. In same cases, construction of one-half of a driveway approach at a time may be <br /> required. However, at no time during construction shall the contractor block access for ingress <br /> and egress to Owner's business. <br /> (ii} The City agrees that it will use the Easements in such manner as not to injure, annoy, <br /> interfere with or infringe on the rights of others on the Premises or other licensees. The City <br /> agrees to comply with all applicable laws, ordinances and regulations now or hereafter in force in <br /> connection with its use of the Premises <br /> 2 Payment of Purchase Price. City agrees to pay to Owner, and Owner agrees to accept from <br /> City, as and for the full purchase price for Easements, the total sum of Forty-One Thousand One <br /> Hundred Eighty-Five and No/100 Dollars ($41,185.00) (the "Purchase Price"). <br /> 3. ClosinalEscrow. Within ten days of the execution of this Agreement, (a) City shall deposit <br /> the entire Purchase Price into escrow with [a mutually agreeable escrow company] ("Escrow Agent") <br /> and (b) Owner shah provide the Escrow Agent with executed Easement Deed in the form attached <br /> hereto as Exhibit "C". Upon confirmation by City that Owner has marketable title to Premises, <br /> closing shall occur. ~ If City has not received such confirmation of marketable title to its satisfaction by <br /> 25G-3 <br /> <br />