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CONSERVATION EASEMENT MONITORING AGREEMENT <br /> (Vineyard Avenue Corridor) <br /> THIS AGREEMENT is entered into this -I day of fat°M/, 2005 between the <br /> City of Pleasanton("City") and the Tri-Valley Conservancy, a California nonprofit public <br /> benefit corporation ("TVC"), whose address is P.O. Box 2208, Livermore, CA 95814, and <br /> telephone number is 925-449-8706. <br /> RECITALS <br /> A. Pursuant to the City's Vineyard Avenue Corridor Specific Plan adopted on June <br /> 1, 1999, certain properties are required to dedicate an agricultural conservation easement to the <br /> City with TVC as third party beneficiary, prior to development. <br /> B. Currently, the City has obtained a conservation easement on the Heinz/Bordeaux I <br /> development(Instrument No. 2004-298393 recorded on June 30, 2004, Alameda County <br /> Records); the HahnerBordeaux II development (Instrument No. 2005-156928 recorded on April <br /> 21, 2005, Alameda County Records); the Centex/Avignon development (Instrument No. <br /> recorded on , Alameda County Records); and <br /> anticipates additional easements being dedicated (collectively "Conservation Easements"). <br /> C. City, as holder of the Conservation Easements, has certain monitoring rights and <br /> obligations concerning the easement properties. <br /> D. City wishes to contract with TVC for monitoring and related services for the <br /> Conservation Easements. <br /> E. TVC is willing to provide such services to City. <br /> NOW, THEREFORE, in consideration of the mutual covenants and conditions in this <br /> Agreement, City and TVC agree as follows: <br /> 1. TVC's Services. TVC shall diligently perform the services and furnish the <br /> materials, reports, and related materials described in Exhibit A, attached hereto and incorporated <br /> herein by reference. The City may request TVC's services for any additional Conservation <br /> Easements by written request with a copy of the recorded Conservation Easement. Upon TVC's <br /> agreement to provide the services for the additional Conservation Easement, the provisions of <br /> this Agreement shall apply. This Agreement does not provide for the enforcement of any <br /> Conservation Easements by TVC, and any such enforcement obligations would be subject to a <br /> separate agreement. <br /> The term of the Agreement shall commence on January I, 2006 and continue until terminated by <br /> either party with thirty days' written notice to the other party. <br /> 1 <br />