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- 1 <br /> 41 � S 4/ <br /> CONSERVATION EASEMENT MONITORING AGREEMENT <br /> THIS AGREEMENT is entered into this cQ/ ay of 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. City is the holder of a conservation easement recorded on March 26, 1977, series <br /> #97077972 ("Easement") granted to it by the Ruby Hill Development Partners on property <br /> adjacent to the South Livermore Valley AreaVian. <br /> B. This property includes habitat area that has been set aside for the long term protection <br /> of certain endangered species, such as the California Tiger Salamander. <br /> C. City, as holder of the Easement, has certain monitoring rights and obligations <br /> concerning the habitat area. <br /> D. City wishes to contract with TVC for Easement monitoring and related services. <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. <br /> 2. Compensation. For TVC's services in the next three years, City shall pay TVC <br /> as set forth in Exhibit B. <br /> 3. Sufficiency of TVC's Work. By executing this Agreement, TVC warrants that <br /> all services will be performed in a competent, professional and satisfactory manner. <br /> 4. Annual Report. TVC shall submit annually to City a summary monitoring report <br /> documenting the occurrence of its monitoring of the Easement and the status of the property <br /> owner's compliance with the Easement, including recommendations made by TVC. <br /> 1 <br />