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THEOBALD, DAVID
City of Pleasanton
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CITY CLERK
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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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with theagricultural uses within the preserve where said,property is located; provided, however, <br /> that the City Council shall not eliminate, without the written consent of Owner, a compatible use <br /> during the term of this contract or any renewal thereof. The provisions of this contract and any <br /> resolution supplementing the uses permitted in Exhibit B are not intended to limit or supersede <br /> the planning and zoning powers of the City. <br /> 4. TERM OF CONTRACT. <br /> This contract shall be effective as of the day and year first above written and shall remain <br /> in effect for a period of ten years therefrom; provided, however, each first day of January shall <br /> be the "annual renewal date" of the contract. This contract shall automatically be renewed on the <br /> first day of January next succeeding the date of the commencement hereof and on the first day of <br /> January of each year thereafter for an additional one -year period unless notice of nonrenewal is <br /> given as provided in paragraph 5. This contract shall be subject to an unlimited number of one <br /> year extensions and each such one -year extension shall be added to the term thereof so as to <br /> commence immediately following the termination date or the termination date of the most <br /> recently added one -year extension, whichever is later in time <br /> 5. NOTICE OF NONRENEWAL. <br /> (a) If either party desires in any year not to renew this contract, that party <br /> shall serve written notice of nonrenewal upon the other Qarty in advance of the annual renewal <br /> date of this contract. Unless such written notice of nonrenewal is served by Owner at least 90 <br /> days prior to the renewal date, or by City at least 60 days prior to the renewal date, this contract <br /> shall be considered renewed as provided in paragraph 4 above. <br /> (b) If either party serves written notice of nonrenewal in any year within the <br /> time limits of (a) above, this contract shall remain in effect for the balance of the period <br /> remaining since the original execution of this contract, as the case may be. <br /> 6. NO COMPENSATION. <br /> Owner shall not receive any payment from City in consideration of the obligations <br /> imposed under this contract, it being recognized and agreed that the consideration for the <br /> execution of this contract is the substantial public benefit to be derived therefrom, and the <br /> advantage that will accrue to Owner as a result of the effect upon the assessed value of the <br /> property on account of the restrictions on the use of the property contained herein. <br /> 7. SUCCESSORS IN INTEREST. <br /> This contract and the restrictions imposed hereunder shall run with the property described <br /> in Exhibit A and shall be binding upon the heirs, executors, administrators, trustees, successors <br /> and assigns of Owner. <br /> 8. CONDEMNATION. <br /> When any action in eminent domain for the condemnation of the fee title or any lesser <br /> estate in any land described in Exhibit A is filed or when such land or any lesser estate therein is <br />
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