AUF DER MAUR PURCHASE DEL VALLE PKWY 1998 FIRE DEPT HEADQUARTER LAND

~. • PURCHASE AGREEMENT ~~ THIS PURCHASE AGREEMENT ("Agreement") is made this ~ d rN day of /~~'r October, 1998, between FRANK AUF DE MAUR and KONRAD D. RICKENBACH, ELIZABETH RICKENBACH as Trustee, ("Seller") and the CITY OF PLEASANTON, a municipal corporation ("Buyer"). RECITALS A. Seller is the owner of certain unimproved real property adjacent to the south side of Del Valle Parkway in the City of Pleasanton, County of Alameda, State of California, consisting of an area of approximately 36,931 square feet (hereinafter "Property"), more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. B. Buyer has a need to construct a new fire station; the Property has been selected as the best site for such station; and Seller is willing to sell the Property to Buyer. NOW, THEREFORE, the parties agree as follows: 1. Property To Be Sold. Seller shall sell and convey the Property to Buyer as provided herein. 2. Purchase Price. Seller shall sell the Property to Buyer for Eleven Dollars ($11.00) per square foot, a total of $406,241, payable to Northwestern Title Company as escrow agent, for a grant deed with full covenants, duly executed in proper form for recording so as to convey to Buyer a good and marketable record and title to the Property free and clear of all liens, easements, encumbrances, restrictions and conditions, except those acceptable to Buyer. Buyer shall take possession of the Property on the date of closing. 3. "As Is" Sale. Seller sells the Property to Buyer in its "as is" condition with no representations or warranties from the Seller. Buyer shall be permitted to make complete environmental, physical, legal and other inspections of the Property and of all other matters which in Buyer's judgment affect or influence the Buyer's intended use of the Property and Buyer's willingness to acquire the Property. Buyer's investigations shall include review of title records, taxes, applicable CC&R's, permissible uses, flood plain, soils, environmental matters, and accessibility and location of utilities. Buyer acknowledges that Seller has made no representations of any kind in connection with the value and suitability of the Property, soils, environmental, or physical conditions of the Property. (agreements\aufdertnsam)