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ATTACHMENT 5 �t i:, //// �ALAM County Transi RIGHT OF WAY CONTRACT APN: 946-4590-8-2; Parcel No: 64216 This RIGHT OF WAY CONTRACT (hereinafter "Contract") is entered into this day of 2021 between City of Pleasanton, a Municipal Corporation ("Grantor") and Alameda County Transportation Commission, (hereinafter"Alameda CTC") (Collectively the "Parties"). The GRANT OF TEMPORARY CONSTRUCTION EASEMENT DEED in the name of Alameda County Transportation Commission ("Alameda CTC"), attached hereto as Exhibit A incorporated herein by reference, and which cover the property particularly described therein (the "Subject Property") has been executed by Grantor and delivered to Alameda CTC. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this Contract constitutes the entire consideration for said document and shall relieve Alameda CTC of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. Grantor warrants that Grantor is the sole owner in fee simple of the Subject Property as described in Exhibit A attached hereto and incorporated herein, and that it has the exclusive right to grant the Grant of Temporary Construction Easement Deed. 3. Alameda CTC required the Subject Property for State highway purposes, a public use for which Alameda CTC has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Alameda CTC is compelled to acquire the Subject Property. Grantor and Alameda CTC recognize the expense, time, effort, and risk to all parties in determining the compensation for the Subject Property by eminent domain litigation. The compensation set forth herein for the Subject Property is in compromise and settlement, in lieu of such litigation. 4. Alameda CTC shall pay the sum of $3,400.00 for the Subject Property as conveyed by Exhibit A. This sum includes all claims for compensation including, without limitation, the acquisition of a temporary construction easement, all improvements within the temporary construction easement area including but not limited to structures, fencing, and vegetation, any severance damages, inverse condemnation, interest, attorneys' and witness fees, costs, and any and all other claims relating in any way to the acquisition by Alameda CTC of the temporary construction easement, or from the construction and use thereon of the Project as proposed, planned and designed, and Grantor is not entitled to any further compensation herein. 5. In consideration of Alameda CTC waiving defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the Alameda CTC harmless from any and all claims that other parties may make or assert on the title to the premises. 6. Grantor, for themselves, their agents, assigns, successors-in-interest, and any related or affiliated entities, hereby fully releases and discharges Alameda CTC their respective agents, employees, officers, directors, attorneys, accountants, insurers and other representatives, and any 1