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GRANTOR: EAST BAY REGIONAL PARK APN: PORTION of 941-2000-63 <br />PROJECT: Lemoine Estates Bypass Pipeline Project <br />CITY OF PLEASANTON <br />AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT <br />In consideration of the terms and conditions set forth in this Agreement for Purchase of a <br />Permanent Easement ("Agreement"), EAST BAY REGIONAL PARK DISTRICT ("GRANTOR") <br />hereby grants and delivers this Agreement to the GRANTEE of Pleasanton ("GRANTEE") <br />conveying a Permanent Easement as set forth herein. <br />This Agreement is based on the following facts: <br />A. GRANTOR owns Property located in the City of Pleasanton; <br />B. GRANTEE wishes to construct a Project on Grantor's Property and will require a <br />permanent easement and Temporary Park Access Permit over a portion of the Property. <br />Now, therefore, the Parties agree: <br />1. Definitions. In this Agreement: <br />GRANTEE means the City of Pleasanton, a political subdivision of the State of California, <br />and its elected and appointed officials, officers, employees, agents, contractors, and <br />volunteers. <br />Project means the GRANTEE's Lemoine Estates Bypass Pipeline Project. <br />Grantor means East Bay Regional Park District <br />Property means the parcel(s) owned by GRANTOR on which the permanent easement is <br />located, identified in Exhibit C (Legal Description). <br />Permanent Easement means the area of the Property to be acquired by the GRANTEE as a <br />permanent easement, as described in its Exhibits A and B. <br />Escrow or Escrow Account means the escrow account established by the GRANTEE at First <br />American Title Company, Order No.5405-6890371 <br />2. Permanent Easement Deed. GRANTOR shall deposit in Escrow a Permanent Easement <br />Deed suitable for recordation conveying the Easement from GRANTOR to GRANTEE. The <br />Easement must be free and clear of all liens, leases, encumbrances, recorded or unrecorded, <br />assessments and taxes, except for any exceptions to title identified in the title report which are <br />acceptable to GRANTEE. The form of the Easement Deed shall be substantially as set forth in <br />Attachment 2, including its Exhibits A (Legal Description) and B (Plat Map). <br />3. Purchase. <br />A. Consideration. GRANTEE shall pay the sum of $500 (five hundred dollars) to the <br />Escrow Account as consideration for the Easement and Temporary Park Access permit. <br />B. Deductions. GRANTEE may deduct and pay from the consideration any amount <br />necessary to satisfy any liens, bond demands and delinquent taxes due in any year except <br />the year in which this escrow closes, together with penalties and interest, and/or delinquent <br />and unpaid non -delinquent assessments, which may have become a lien at the close of <br />escrow. <br />Page 1 of 8 <br />