RES 00011 - Laserfiche WebLink

2.3 2.4 above means on or before June 30, 2000, and Pleasanton and the successful bidder are able to close on that date, San Francisco will convey "as is" without representation or warranty 430 acres of the Bernal Property to Pleasanton and 72 acres of entitled land to the successful bidder. Water Rights; Easements. San Francisco will give Pleasanton the option of either accepting or rejecting the opportunity to become the wholesale water supplier to Castlewood (the "Castlewood Agreements"), to be decided by Pleasanton no later than the date of the Purchase and Sale Agreement. If Pleasanton accepts the Castlewood Agreements, San Francisco will convey to Pleasanton "as is" without representation or warranty all riparian water rights to the Arroyo de la Laguna associated with the Bemal Property, all ove~ying and appropriative groundwater rights in and to the Bemal Property, the Valley Avenue water well property, and all appurtenances to this property, including pipelines and water wells, currently used by San Francisco in providing water to Castlewood. IfPIeasanton rejects the Castlewood Agreements, San Francisco will reserve such riparian water rights and all groundwater rights to the Bemal Property together x~th an easement for the existing water pipelines and appurtenances used to deliver water to Castlewood. The easement shall include the right to drill additional water wells and construct additional pump stations along the easement area and shall require the successful bidder and/or Pleasanton to relocate, at their sole cost, the pipelines and appurtenances to the extent necessary in connection with their respective development programs. If Pleasanton rejects the Castlewood Agreements, nothing herein precludes Pleasanton and San Francisco from agreeing at a later time to terms by which Pleasanton would accept the Castlewood Agreement and San Francisco would transfer to Pleasanton its riparian and groundwater rights as described in this section. Under either option, San Francisco will retain a subsurface, Northwest/Southeast utility easement located parallel to 1-680 or such other location as mutually agreed upon by Pleasanton and San Francisco. Such easement shall be for potable and nonpotable water transmission, minor electrical transmission (60 KV or less), and communication purposes. Civic Center Parcel. Provided that Pleasanton and the successful bidder timely closes the pumhase and sale of the Bernal Property, San Francisco will sell to Pleasanton, on or before 12/31/00 and without representation or warranty, the three-acre civic center parcel near Pleasanton's public library for a cash price of $500,000, net of closing costs and transfer taxes. Subsequent Sale for Non-Public Use. In the event that Pleasanton or its successor at any time within fifteen years after the closing date sells or leases any portion of the Bemal Property or Civic Center Parcel for a non-public use (any use other than those specified in Exhibit B), then San Francisco will be paid 75% of the net sale price or rent. 2 BRNLTRM8.D97