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~ #rj ; •Y <br />CASTLEWOOD WATER PIPELINE AGREEMENT <br />This Agreement is entered into this ~~day of ;%~ L,,~ , 2001, by <br />and between Bernal Investment Company, LLC, a California Limi d Liability <br />Corporation ("BIC") and the City of Pleasanton, a municipal corporation (the "City"). <br />RECITALS <br />A. BIC has acquired real property from the City and County of San Francisco ("San <br />Francisco"), acting by and through its Public Utility Commission, totaling <br />approximately 516 acres, commonly referred to as the "Bernal Property". <br />B. As part of its Purchase and Sale Agreement with San Francisco, BIC is required <br />to grant San Francisco a Water Pipeline Easement (the "Easement") across a <br />portion of the Bernal Property to allow San Francisco to continue to provide water <br />service to the Castlewood development. <br />C. As part of the Bernal Property Preannexation Development Agreement between <br />BIC and City, BIC is required to dedicate 320 acres to City for future public uses. <br />A portion of this 320 acres will be burdened with the Easement. <br />D. BIC desires to proceed with the construction of the Castlewood water pipeline <br />notwithstanding lack of formal consent by San Francisco as to the location of the <br />Easement. <br />NOW, THEREFORE, in exchange for valuable consideration, the receipt of <br />which is hereby acknowledged, the parties agree as follows: <br />1. BIC Proceeding At Its Own Risk. <br />A. City hereby approves the alignment shown on Exhibit "A", attached <br />hereto, and agrees to allow BIC to proceed with the .construction of the Castlewood <br />pipeline upon BIC receiving approval from the City to commence the infrastructure <br />improvements for the Bernal Property pursuant to the PUD development plan, vesting <br />tentative parcel map 7255, and final maps 7255 and 7271. In the event San Francisco <br />does not consent to such alignment, City reserves the right to reasonably approve any <br />future alignment. <br />B. The parties expressly acknowledge that BIC is proceeding at its own <br />risk because of the lack of formal consent from San Francisco as to the alignment of the <br />Castlewood pipeline and the location of the Easement. The parties further agree that if <br />for any reason and if at any time prior to its approval of the Easement location by San <br />Francisco, San Francisco requires the Easement and related water pipeline improvements <br />to be located in a different area, then as between BIC and City, BIC shall be solely <br />responsible for the cost of removing the improvements and restoring the property, as well <br />