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 1 of 8 CITY OF PLEASANTON AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT In consideration of the terms and conditions set forth in this Agreement for Purchase of a Permanent Easement (“Agreement”), EAST BAY REGIONAL PARK DISTRICT (“GRANTOR”) hereby grants and delivers this Agreement to the GRANTEE of Pleasanton (“GRANTEE”) conveying a Permanent Easement as set forth herein. This Agreement is based on the following facts: A. GRANTOR owns Property located in the City of Pleasanton; B. GRANTEE wishes to construct a Project on Grantor’s Property and will require a permanent easement and Temporary Park Access Permit over a portion of the Property. Now, therefore, the Parties agree: 1. Definitions. In this Agreement: GRANTEE means the City of Pleasanton, a political subdivision of the State of California, and its elected and appointed officials, officers, employees, agents, contractors, and volunteers. Project means the GRANTEE’s Lemoine Estates Bypass Pipeline Project. Grantor means East Bay Regional Park District Property means the parcel(s) owned by GRANTOR on which the permanent easement is located, identified in (Legal Description). Permanent Easement means the area of the Property to be acquired by the GRANTEE as a permanent easement, as described in its Exhibits A and B. Escrow or Escrow Account means the escrow account established by the GRANTEE at First American Title Company, Order No.5405-6890371 Permanent Easement Deed. GRANTOR shall deposit in Escrow a Permanent Easement Deed suitable for recordation conveying the Easement from GRANTOR to GRANTEE. The Easement must be free and clear of all liens, leases, encumbrances, recorded or unrecorded, assessments and taxes, except for any exceptions to title identified in the title report which are acceptable to GRANTEE. The form of the Easement Deed shall be substantially as set forth in 2, including its Exhibits A (Legal Description) and B (Plat Map). Purchase. Consideration. GRANTEE shall pay the sum of $500 (five hundred dollars) to the Escrow Account as consideration for the Easement and Temporary Park Access permit. Deductions. GRANTEE may deduct and pay from the consideration any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest, and/or delinquent and unpaid non-delinquent assessments, which may have become a lien at the close of escrow. Docusign Envelope ID: FC1F18B4-4491-45B3-9922-58279C679BDA