EAST BAY REGIONAL PARK DISTRICT - LEMOINE BYPASS PIPELINE

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project Page 2 of 8 C. Current taxes. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by California Revenue and Taxation Code Section 5086 if unpaid at the close of escrow. D. Escrow and title charges. GRANTEE agrees to pay all escrow, recording and title insurance charges, if any, incurred in this transaction. E. Clear title. Close of escrow for this transaction is contingent upon the title company receiving deeds of reconveyance from any deed of trust or mortgage holder trustees and beneficiaries. If the Property is secured by a mortgage(s) or deed(s) of trust, GRANTEE is responsible for payment of any demand under authority of said mortgage or deed of trust. Such amounts may include, but not be limited to, payments of unpaid principal and interest. F. Improvements. N/A G. Cost to Cure Damages. N/A 4. Temporary Construction Access. Upon receipt of a completed application, GRANTOR will issue to GRANTEE a Temporary Park Access (TPA) permit totaling 903 square feet in size for the GRANTEE’s contractor access and staging of equipment and materials. A. GRANTEE agrees to promptly restore any damage to the permit area and/or the parcels upon which the TPA permit area is situated (and the improvements located thereon) caused by GRANTEE’s or GRANTEE’s contractor’s entry upon the permit area or work performed in connection with the Project. B. GRANTEE agrees upon completion of any of its work hereunder to restore, as near as possible, the surface of the TPA permit area to the condition in which it was prior to the commencement of the work related to the Project. C. In case of unpredictable delays in construction, upon written notification by GRANTEE, the terms of the TPA permit may be extended by an amendment to this Agreement. D. Rights of ingress to and egress from the GRANTOR’s remaining property shall be maintained at all times during the construction period. E. Prior to staging and construction, GRANTEE shall perform or cause to be performed an archaeological survey in the Temporary Park Access permit area. A subsurface archaeological testing plan shall be developed by the GRANTEE, approved by the GRANTOR’s Cultural Services Coordinator, and then conducted to assist with identification of any tribal and/or cultural resources within the project footprint. Test results shall be submitted to the GRANTOR’s Cultural Services Coordinator. Based upon the results of the subsurface investigation, archaeological and tribal monitoring may be required during construction-related ground disturbance activities. If that is the case, an archaeological monitoring plan and a report documenting the results will be required. F. Prior to staging and construction, GRANTEE shall engage a qualified botanist to conduct a survey of the Temporary Park Access permit area. All Congdon’s tarplant (Centromadia parryi ssp. Congdonii) shall be flagged and avoided. Additionally, GRANTEE and its qualified botantist must implement all decontamination procedures before and after working in the Temporary Park Docusign Envelope ID: FC1F18B4-4491-45B3-9922-58279C679BDA