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STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - DIRECT SALE RW 16-5 (NEW 10/2016) ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into as of May 10th, 2023, by and between the State of California, Department of Transportation ("Caltrans") and the City of San Leandro (“Purchaser”) Recitals A.Caltrans owns the real property commonly known as DD-021647-X1-X1 (the "Property") and more particularly described as set forth in Exhibit A attached hereto. B.Purchaser is CITY OF SAN LEANDRO C.The parties wish to provide terms and conditions for Purchaser's purchase of the Property from Caltrans. NOW THEREFORE, the parties agree as follows: Section 1. Purchase and Sale Caltrans shall sell the Property to Purchaser and Purchaser shall purchase the Property from Caltrans on the terms and conditions stated in this Agreement. Section 2. Purchase Price The purchase price for the Property shall be TWENTY-TWO THOUSAND THREE HUNDRED DOLLARS [$22,300.00] ("Purchase Price"). The Purchase Price shall be paid by Purchaser as set forth below: (a) Receipt is hereby acknowledged of TWENTY-TWO THOUSAND THREE HUNDRED DOLLARS ($22,300.00), representing 100% of the "Purchase Price", in the form of a (cashier’s check/certified check/money order) made payable to the “California Department of Transportation". (b)Liquidated Damages: THE PARTIES AGREE THAT 10% OF THE PURCHASE PRICE IS A REASONABLE SUM FOR LIQUIDATED DAMAGES SHOULD THIS TRANSACTION FAIL TO CLOSE DUE TO A MATERIAL BREACH OF THIS AGREEMENT BY PURCHASER, IN THAT, WHEN CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES. BY PLACING THEIR INITIALS AT THE PLACES PROVIDED, EACH PARTY AGREES THAT THE FOREGOING CONSTITUTES LIQUIDATED DAMAGES AND NOT A FORFEITURE OR PENALTY. Purchaser ; Caltrans [Initials of Purchaser and Caltrans] Section 3. Closing and California Transportation Commission Approval Purchaser understands and agrees that this sale is subject to the approval by the CTC. In the event the CTC fails to approve the sale, all monies paid by the Purchaser will be refunded without interest. Caltrans makes no representations or warranty concerning the CTC's approval of this sale. Section 4. Close of Escrow Caltrans will maintain an internal escrow at no charge to Purchaser. Purchaser may open an external escrow at Purchaser's expense but selection of the escrow company is subject to Caltrans' approval, which Caltrans may withhold for any reason within its discretion. Should Purchaser elect to open an escrow, Purchaser agrees to pay any and all fees associated with the escrow, and any and all recording fees, documentary transfer taxes or any other real estate transaction fees involved in the transaction.