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THEOBALD, DAVID
City of Pleasanton
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LONG TERM AGREEMENT
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THEOBALD, DAVID
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5/21/2009 4:10:32 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
1/20/2009
LONG TERM AGREEMENTS - NAME
THEOBALD
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
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(i) that this contract will enforccably restrict the adjusted boundaries of said property for <br /> an initial term for at least as long as the unexpired term of the rescinded Initial Contract, but for <br /> not less than ten (10) years; <br /> (ii) that there is no net decrease in the amount of acreage restricted; <br /> (iii) that at least ninety (90) percent of the land under the Initial Contract remain under <br /> this contract; <br /> (iv) that, after the lot line adjustment anticipated by these recitals, those portions of the <br /> said property subject to this contract will be large enough to sustain agricultural use; <br /> (v) that said lot line adjustment would not compromise the long -term agricultural <br /> productivity of said property or other agricultural lands subject to a land conservation contract; <br /> (yi) that said lot line adjustment is unlikely to result in the removal of adjacent land from <br /> agricultural use; and <br /> (vii) that said lot line adjustment does not result in either a greater number of developable <br /> parcels than existed prior to the adjustment or an adjusted lot that is inconsistent with the City's <br /> general plan. <br /> WHEREAS, the Owner and the City desire to enter into, and intend that this contract <br /> shall constitute an enforceable restriction to open -space land as defined and used in the <br /> California Revenue and Taxation Code; <br /> NOW, THEREFORE, both Owner and City in consideration of the mutual promises, <br /> covenants and conditions herein contained and the substantial public benefits to be derived <br /> therefrom, do hereby agree as follows: <br /> 1. CONTRACT SUBJECT TO THE CALIFORNIA LAND <br /> CONSERVATION ACT OF 1965. <br /> This contract is made and entered into pursuant to the California Land Conservation Act <br /> of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the Government Code of California <br /> commencing with Section 51200) and is subject to all of the provisions thereof. <br /> 2. RESTRICTION ON USE OF PROPERTY. <br /> During the term of this contract, or any renewal thereof, said property shall not be used <br /> for any purpose, other than agricultural uses for producing agricultural commodities for <br /> commercial purposes and compatible uses, which uses are set forth in Exhibit B attached hereto <br /> and incorporated herein by reference. <br /> 3. DESIGNATION OF ADDITIONAL COMPATIBLE USES. <br /> The City Council may, from time to lime, during the term of this contract or any renewal <br /> thereof, by resolution add to those uses set forth in Exhibit B other uses which are compatible <br />
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