|
<br />development of Owner's Property, other than the Agency and its officers, employees, and
<br />agents.
<br />
<br />Furthermore, Owner shall not, directly or indirectly, through any officer, employee,
<br />broker, agent or otherwise, engage in negotiations concerning any such transaction with, or
<br />provide information to, any person other than Agency and its representatives with a view to
<br />engaging, or preparing to engage, that person with respect to the disposition or development of
<br />Owner's Property or any portion thereof.
<br />
<br />3. Term. The term of this Agreement ("Term") shall commence on the Effective Date, and
<br />shall terminate one (1) year thereafter, unless extended or earlier terminated as provided herein.
<br />The Term may be extended in six month increments up to a maximum of thirty-six (36)
<br />additional months upon the mutual written agreement of Owner and Agency acting through and
<br />in the discretion of its Executive Director.
<br />
<br />4. Relationship of the Parties. The Parties agree that nothing in this Agreement shall be
<br />deemed or interpreted to create between them the relationship of lessor and lessee, of buyer and
<br />seller, or of partners or joint venturers.
<br />
<br />5. Agency Studies; Right of Entry. During the Term, Agency shall use its best efforts to
<br />prepare, at Agency's expense, any studies, surveys, plans, specifications and reports ("Agency
<br />Studies") Agency deems necessary or desirable in its sole discretion, to determine the suitability
<br />of the Property for purchase by Agency. Such studies may include, without limitation, title
<br />investigation, relocation analyses, appraisals, marketing, feasibility, soils, seismic and
<br />environmental studies, financial feasibility analyses and design studies. Owner hereby grants
<br />Agency a right of access to Owner's Property as necessary to prepare the Agency Studies. Owner
<br />shall designate a Site Agent who will be available to Agency and its representatives to provide
<br />access within two business days of Agency's request for such access.
<br />
<br />Within thirty (30) days of the Effective Date, Owner shall provide to Agency copies of all
<br />studies or records in Owner's possession or control relating to Owner's Property, including
<br />without limitation studies and records on the following subjects: title investigation, relocation
<br />analyses, appraisals, marketing, feasibility, soils, seismic and environmental studies, financial
<br />feasibility analyses, surveys, and design studies; Owner shall also provide copies of any and all
<br />leases, subleases and contracts affecting Owner's Property.
<br />
<br />In consideration for Owner's agreement to enter into this Agreement, Agency shall
<br />provide Owner with a license throughout the term of this Agreement, as it may be extended
<br />pursuant to Section 3, allowing Owner to use Agency-owned property that is adjacent to
<br />Owner's Property for parking by employees, tenant's, invitees and visitors to Owner's Property.
<br />The license shall be granted pursuant to a license agreement in substantially the form attached
<br />hereto as Exhibit B ("License Agreement").
<br />
<br />Union Bank ENRA
<br />Page 3 of9
<br />
|