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AGREEMENT FOR THE ACQUISITION OF A CONSERVATION EASEMENT AND LONG-TERM GRAZING LEASE This Agreement for the Acquisition of a Conservation Easement and Long-Term Grading Lease ("Agreement"), is entered into this 1 ~-f-~^ day of {~-t~ 5 ~~ ~ , 2002, by and between the City of Pleasanton, a municipal corporation ("City" or "Purchaser") and Timothy S. Koopmann, Trustee of the Koopmann Family Trust, and Eleanor Clark, Trustee of the Clark Family Trust (collectively "Koopmann" or "Sellers"). RECITALS A. City is developing a 141.8 acre municipal golf course with related housing, and i 76.3 acres of open space in an area south of Pleasanton known as Happy Valley. B. In order to provide additional wildlife habitat for the California Tiger Salamander and the California Red-Legged Frog and water quality mitigation required by Federal and State environmental agencies, the City desires to acquire a conservation easement over approximately 107 acres of property owned by Koopmann. C. Koopmann is willing to sell such a conservation easement to the City, with the acknowledgement that the sale will only proceed if the City Council decides to proceed with the construction of the golf course. D. On the 61 acres of open space (the "South End Conservation Area") being separately acquired by the City, the City is willing to enter into along-term grazing lease with Koopmann if the City decides to proceed with the golf course project. NOW, THEREFORE, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Sale of Conservation Easement. Koopmann agrees to sell to the City a conservation easement over approximately 107 acres of real property shown in the attached Exhibit "A", incorporated herein by this reference ("Easement Property"). The parties acknowledge that the form of the conservation easement over the Easement Property is subject to approval by the California Department of Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS). The parties will work cooperatively the determine the appropriate party to hold the conservation easement. Koopmann and City have discussed having the conservation easement over the Easement Property granted by Koopmann to the California Rangeland Trust (CRT), a California nonprofit benefit corporation. If such a conveyance can be made upon terms reasonably acceptable to the CDFG, USFWS, CRT, City and Koopmann, the parties shall make all reasonable efforts to facilitate such a conveyance.