RDA Agmt 2001 Batarse Family Trust UTA

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EXHIBIT D PURCHASE AND SALE AGREEMENT WITH ESCROW INSTRUCTIONS FOR YOKOTA SITE D This Purchase and Sale Agreement and Escrow Instructions ("Agreement") is entered as of September 17, 2001 between the Redevelopment Agency of the City of San Leandro ("Seller"), and the Batarse Family Trust, U.T.A., dated May 7, 1987, Anthony A. Batarse, Jr., Trustee, a revocable living trust ("Purchaser") (collectively, "Parties"). Recitals A. Seller is the owner of certain real property ("Property") identified as Yokota Site D in that certain Disposition and Development Agreement by and between the Parties, dated October 1, 2001, which is incorporated into this Agreement by this reference, and more particularly described in attached Exhibit A, which is incorporated into this Agreement by this reference. B. Purchaser desires to purchase the Property (as defined subsequently in this Agreement) and Seller desires to sell the Property on the terms and conditions in this Agreement. For good and valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows: . Section 1. Purchase and Sale Seller agrees to sell and Purchaser agrees to purchase one-half of the Property subject to the terms and conditions in this Agreement. The remainder of the Property shall be offered for sale by Seller to Lavery California Dealership Properties No.1 L.L.C. ("Adjacent Developer") developer of the adjacent property pursuant to the Disposition and Development dated October 1, 2001, for the Purchase Price set forth below, plus a reimbursement of any paving costs on that portion of the Property incurred by Purchaser. if the Adjacent Developer declines the opportunity to purchase one-half of the Property, Purchaser shall purchase the entire Property pursuant to the terms of this Agreement. If Adjacent Developer decides to purchase one-half of the Property, Seller shall enter into a Purchase and Sale Agreement with the Adjacent Developer in substantially the same form as this Agreement. The Parties acknowledge that the Adjacent Developer is a third-party beneficiary of this Agreement. Section 2. Purchase Price The purchase price for the Property shall be $25.30 per square foot for square feet, or DOLLARS ($ ) ("Purchase Price"). On or before the Closing Date, Purchaser shall deposit with the Escrow Agent the Purchase Price in cash or in immediately available funds.