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r <br />• ~ <br />PURCHASE AGREEMENT <br />THIS PURCHASE AGREEMENT ("Agreement") is made this ~~ ~ day <br />of August, 1996, by and between FRANK AUF DE MAUR and KONRAD D. <br />RICKENBACH, ELIZABETH RICKENBACH as Trustee, ("Seller") and the <br />CITY OF PLEASANTON, a municipal corporation ("Buyer"). <br />RECITALS <br />A. Seller is the owner of certain unimproved real property <br />adjacent to the south side of Del Valle Parkway in the City of <br />Pleasanton, County of Alameda, State of California, consisting of <br />an area of approximately 35,000 square feet (hereinafter <br />"Property"), generally consisting of a portion of Parcel Map <br />5814, Assessor's Parcel No. 946-4542-043-4, more particularly <br />described in Exhibit A, attached hereto and incorporated herein <br />by this reference. <br />B. The Buyer has a need to construct a new fire station, <br />the Property has been selected as the best site for such station, <br />and Seller is willing to sell the Property to the Buyer. <br />NOW, THEREFORE, the parties agree as follows: <br />1. Property To Be Sold. The Seller shall sell and convey <br />the Property to the Buyer as provided herein. <br />2. Purchase Price. The Seller shall sell the Property to <br />the Buyer for Eleven Dollars ($11.00) per square feet and if the <br />Buyer needs to purchase 35,000 square feet, the total purchase <br />price shall be $385,000, payable to Northwestern Title Company as <br />escrow agent, for a grant deed with full covenants, duly executed <br />in proper form for recording so as to convey to the Buyer a good <br />and marketable record and title to the Property free and clear of <br />all liens, easements, encumbrances, restrictions and conditions, <br />except those acceptable to Buyer. Buyer shall take possession of <br />the Property on the date of closing. <br />3. "As Is" Sale. Seller sells the Property to Buyer in <br />its "as is" condition with no representations or warranties from <br />the Seller. Buyer shall be permitted to make complete <br />environmental, physical, legal and other inspections of the <br />Property and of all other matters which in Buyer's judgment <br />affect or influence the Buyer's intended use of the Property and <br />Buyer's willingness to acquire the Property. Buyer's <br />investigations shall include review of title records, taxes, <br />applicable CC&R's, permissible uses, flood plain, soils, <br />environmental matters, and accessibility and location of <br />utilities. Buyer acknowledges that Seller has made no <br />1 <br />