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AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY <br />WITH ESCROW INSTRUCTIONS <br />THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY WITI-I ESCROW <br />INSTRUCTIONS ("Agreement") is made and entered into as of the ~S~``of November 2002 <br />("Effective Date"), by and between Allen W. Roberts and Sally K. Roberts, husband and wife <br />(together, "Buyer"), and the City of Pleasanton, California, a ("Seller"). <br />RECITALS <br />A. Seller owns the real property that is located on Grey Eagle Court, <br />Pleasanton, California, identified on the Alameda County Assessor's Map as A.P.N. 946-4567- <br />010-04, marked as Bonde II Land on the attached Exhibit A ("Bonde II Land"), and described <br />more particularly in Exhibit A-1 attached hereto and incorporated by this reference. <br />B. One City water tank of approximately 1.8 million gallons capacity is <br />currently located on Bonde II Land, and Seller, as part of its Vineyazd Corridor Plan, plans to <br />locate a second City water tank ("Second Tank") on a site other than Bonde II Land ("Second <br />Tank Site"), if Seller is able to locate and secure a suitable site for the Second Tank Site. The <br />Second Tank will serve the Vineyazd Corridor and portions of the Bonde Zone. <br />C. Seller desires to sell and Buyer wishes to purchase, on the terms and <br />conditions contained herein, the two portions of the Bonde II Land market as Excess City <br />Acreage I and Excess City Acreage II, respectively, on the attached Exhibit B (individually, <br />"Excess City Acreage I" and "Excess City Acreage II," and together, "Property"), and described <br />more particularly in Exhibit B-1 attached hereto and incorporated by this reference. <br />AGREEMENT <br />Now, TI-IEREFORE, in consideration of the following mutual covenants, obligations and <br />agreements, and for other good and valuable consideration, the receipt and adequacy of which <br />aze acknowledged, Buyer and Seller (collectively, "Parties") agree as follows: <br />1. PURCHASE PRICE. In consideration of the mutual covenants set forth in this Agreement, <br />Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller. <br />The purchase price for the Property ("Purchase Price") shall be the price determined by the <br />appraisal by Joyce Diaz & Associates dated August 5, 2002, which price was Two Dollars and <br />Ninety Cents ($2.90) per square foot of Bonde II Land, with the squaze footage of the Bonde II <br />RBR'I'139630k91167.6 -1- <br />