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Approved As To Form <br /> By General Counsel <br /> June 15, 1987 <br /> <br /> OFFER TO PURCHASE REAL PROPERTY <br /> <br /> 1. BUYER <br /> <br /> CITY OF PLEASANTON, ("Buyer") hereby offers to purchase from SOUTHERN <br /> PACIFIC TRANSPORTATION COMPANY, ("Seller"}, the real property hereinafter <br /> described upon the terms and conditions contained in this Agreement. <br /> <br /> 2. PROPERTY <br /> <br /> The real property ("Property")which is the subject of this offer consists <br /> of 1.538 acres, more or less, located at or near Pleasanton, County of <br /> Alameda, State of California, together with all appurtenances thereto and <br /> improvements thereon, if any. The Property is more particularly described <br /> on Exhibit "A". <br /> <br />3. PURCHASE PRICE <br /> <br /> The Purchase Price to be paid by Buyer to Seller for the Property is FOUR <br /> HUNDRED THOUSAND DOLLARS ($400,000), all cash at close of escrow. <br />4. DEPOSITS <br /> <br /> 4.1 Within five (5) calendar days of acceptance of this offer by Seller, <br /> Buyer shall deliver to Escrow Holder (as defined in Paragraph 5.1), a <br /> cashier' s check in the sum of ONE THOUSAND DOLLARS ($1,000) <br /> ("Deposit"), which shall apply toward the Purchase Price. <br /> <br /> 4.2 Escrow Holder is hereby authorized and instructed to disburse to Seller <br /> the total of the Deposit, less $500.00, as provided in Paragraph 7.2. <br /> Buyer hereby releases Escrow Holder from any claims arising out of <br /> Escrow Holder's compliance with the provisions of this Paragraph 4.2 <br /> and Paragraph 7.2. <br /> BUYER'S INITIALS SELLER'S INITIALS <br /> 4.3 The balance of the Purchase Price, including Buyer's escrow fees and <br /> ' other closing costs, if any, shall be deposited with Escrow Holder, by <br /> cashier's check, no later than 2:00 P.r4. on the business day prior <br /> to the Closing Date (as defined in Paragraph 8.1). <br /> <br /> 4.4 In the event Buyer shall fail to deliver the Deposit on or before the <br /> dates set forth in this Paragraph 4 or promptly to perform any other <br /> covenant or obligation contained in this Agreement, Seller may elect to <br /> specifically enforce this Agreement or to terminate this Agreement and <br /> retain as liquidated damages the amounts provided in Paragraph 4.5 of <br /> <br /> Document 0044 <br /> Page 1 of 8 <br /> <br /> <br />