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AGREEMENT TO SELL CEMETERY PLOT TO CITY <br /> This Agreement is entered into on d c-4v b t r 1 , 2009, between <br /> Matthew Ciesielski, as executor for the estate of Sonja Ciesielski, who resides at 3290 Northampton Court, <br /> Pleasanton, CA 94588, (hereafter"Seller")and the City of Pleasanton,a municipal corporation (hereafter <br /> "City"). <br /> RECITALS <br /> 1. The City of Pleasanton owns the Pleasanton Pioneer Cemetery,formerly known as the Pleasanton <br /> Memorial Gardens Cemetery. <br /> 2. Seller owns certain rights of interment at the Pleasanton Pioneer Cemetery. Proof of Seller's <br /> ownership interest and a description of the specific plot owned by Seller is attached as Exhibit A and <br /> incorporated herein. <br /> 3. Seller has not used his plot(Entrance Section, Row 4, Space J)and wishes to transfer Seller's rights <br /> of interment at the Pleasanton Pioneer Cemetery to the City. <br /> 4. In exchange for Seller's release of his rights of interment,the City will pay Seller the price that Seller <br /> originally paid for the rights of interment as shown in Exhibit A. <br /> NOW THEREFORE, in consideration of mutual covenants, agreements and conditions contained herein,the <br /> parties agree as follows: <br /> 1. Seller certifies that he is the owner of the interment rights shown in Exhibit A, and has the legal right <br /> to sell these rights to the City. Seller further agrees to hold the City harmless from all liability related <br /> to the sale of these rights or this Agreement. <br /> 2. Seller agrees to release and forever quitclaim all right, title, interest, use, or claim, both in law and in <br /> equity,which Seller may have to interment in the Pleasanton Pioneer Cemetery. Seller further agrees <br /> that his heirs or assigns shall have no interest, claim or challenge to the right of interment. <br /> 3. In exchange for Seller's release of his internment rights, City agrees to pay Seller$286.66. <br /> THIS AGREEMENT i effective as of the date and year first above written. <br /> CITY OF PLE N SELLER <br /> Nelson Fialho, City Manager Matthew Ciesielski, Executor <br /> AT EST: <br /> are Diaz, City Cle <br /> A PROVED AS TO FORM: <br /> hael Roush, City Attorney(Interim) <br />