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f WHEREAS on or about July 19, 2001,pursuant to an order of the San Joaquin County Superior Court, the District obtained an order of possession for the Subject Property. That order was served on the on all owners as of August 30, 2001. WHEREAS the Parties to this Agreement desire to compromise and settle the issues relating to acquisition and just compensation for the Subject Property contained in Exhibit"A,'.'as well as any damages to the remainder of Landowners' property, and whereas the Parties acknowledge that this Agreement is being entered into for the sole purpose of avoiding the vexation,uncertainties,and expense of litigation, including uncertainties regarding the right to take the Subject Property and the issue of just compensation for the taking thereof; WHEREAS the Parties believe that This Agreement provides a resolution consistent with the need for District to maintain and augment its existing land disposal facilities, while allowing Landowners to enjoy more advanced use of currently undeveloped property, adjacent to the District, constituting the remainder parcel in the Lawsuits. Agreement NOW THEREFORE, and in consideration of the promises and mutual covenants and Agreements contained herein, the Parties hereby agree as follows: 1. Upon execution of this Agreement by all Parties,Landowners,on behalf of themselves and all of their successors and assigns, in whatever manner, agree to lease the Subject Property to the District for the purposes of land disposal facilities for so long as the District shall continue to require the use of the Subject Property for those purposes. The lease payment shall be$1.00 per year,payable on June 1,2004, and annually on each successive June 1, or within 60 days of a written demand by Landowners or their successors, whichever is later. Failure to make such payment will not be grounds for termination of the Lease. 2. The term of the lease shall be for so long as the District continues to require the Subject Property for use as a land disposal facility. 3. At any time the District ceases to require the property for land disposal facilities, the District shall notify Landowners or their successors thereof in writing, and shall, within one year of such notice, return the Subject Property to bare land,the condition it was in at the time of the initial possession by the District. All such costs of returning the property to its prior condition shall be bome by the District. 4. During the term of occupancy of Subject Property by the District, the District shall be responsible for reimbursement to Landowners of all property taxes assessed against the Subject Property. During the term of the Lease, District shall maintain property and casualty insurance of reasonable value naming Landowners, and each of them, as additional insureds and shall indemnify and hold harmless Landowners, 2 368557-6