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ORIGINAL STANDARD OFFER. PURCHASE AGREEMENT AND DEPOSIT RECEIPT . AND ESCROW INSTRUCTIONS THIS STANDARD OFFER, PURCHASE AGREEMENT AND DEPOSIT RECEIPT ("Agreement") is dated for reference purposes as of July 7, 2009, and is made by the City of Redwood City, a charter city ("Buyer") to Davey Group, Limited Partnership, a California limited partnership ("Seller"). Buyer hereby offers to purchase certain property from Seller, on the terms and conditions contained in this Agreement. As used herein, the term "Agreement" refers both to Buyers offer rOfferll) to purchase from Seller the property described herein and, where the context requires, the binding purchase contract created by Seller's written acceptance. If this Offer becomes a binding purchase agreement, this Agreement shall also constitute joint escrow instructions to the Escrow Agent (defined below). 1. DEFINITIONS. The following terms shall have the meanings set forth below. Certain other terms shall have the meanings given for them in other portions of this Agreement. (a) Business Davs. Includes all calendar days except Saturdays, Sundays and legal holidays. (b) Buver's Conditions. Those conditions to Buyers obligation to purchase the Property, which conditions are set forth in Paraaraoh 9 below. (c) Close of Escrow. The date on which the grant deed C'Grant Deed") to the Property is recorded in the Official Records of the County of San Mateo. (d) Closina Date. The Close of Escrow shall occur on or before July 22,2009. (e) Date of Aareement. The date that this Agreement is fully executed by Buyer and Seller and a copy of the fully executeq, Agreement and the Initial Deposit are delivered to the Title Company. (f) Hazardous Materials. Petroleum, asbestos, radioactive materials or substances defined as llhazardous substances", IIhazardous mate rials II or IItoxic substances" (or words of similar import) in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), and those substances defined as "hazardous wastes" in California Health & Safety Code Section 25117 ,or as IIhazardous substances.. in Califomia Health & Safety Code Section 25316, and in the regulations adopted and publications promulgated pursuant to such laws, and any other substances or materials regulated by any similar or Page 1 of 16 C;\Oocument& and Settings\Dell Optiplex GX520\My Documents\PurchaseAgmt7.6.09redline\PurchaaeAgmt.doc