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ATTACHMENT RIGHT OF ENTRY Date: February 10, 2011 4- Ala -680 DD 046921 -01 -01 City of Pleasanton Community Development Department City of Pleasanton 200 Old Bernal Avenue P.O. Box 520 Pleasanton, CA 94566 -0802 Dear Nelson Fialho : Commencing on March 1, 2011, permission is hereby granted to the City of Pleasanton ( "City") and City's employees, agents, consultants and contractors, to enter upon and use State of' California, Department of Transportation ( "Department ") lands adjacent to West Las Positas Boulevard identified as DD 046921 -01 -01 on the attached Exhibit A ( "Parcel "). City and the Department understand and agree that this permission is not a waiver in any way of the right to compensation for the Parcel or of any remedy authorized by law to secure payment thereof if City and Department enter into an agreement for the purchase of the Parcel. The City agrees to pay a deposit to the Department in the sum of One Hundred Sixty Thousand Two Hundred dollars ($160,200.00). This amount is in consideration of this Right of Entry and represents the full purchase price payable from the City to the Department for the purchase of the Parcel as described in the Option Agreement attached as Exhibit B. The sale of the Parcel is subject to necessary approvals, including approval from the City of Pleasanton and the California Transportation Commission (CTC). Upon receipt of this Right of Entry and required funds, the Department will process the appropriate documents for CTC approval. City shall have the right to apply for and obtain any permits or funding necessary for the construction of the City's Project. It is agreed and confirmed by the parties hereto that the City's right of possession to and use of the Parcel shall commence on March 1, 2011 (the "Commencement Date "). City may terminate this Right of Entry at any time if the City's Project is cancelled. If the Project is cancelled and City terminates this right of entry, the Department will refund the deposit of $160,200.00 after deducting any interest earned on the money after the Commencement Date through the termination date of this right of entry. The rate of interest will be the rate of earnings of the Surplus Money Investment Fund and computation will be in accordance with Section 1268.350 of the Code of Civil Procedure. Interest will be computed to and including the date of termination of this right of entry. Payment of such interest shall be deemed payment in full for City's entry and use rights under this agreement if the right of entry is terminated. City agrees to indemnify and hold harmless Department from any liability arising out of City's operations on the Parcel under this agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City's operation under this agreement and City will, at its option either repair or pay for such damage.