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Alameda, the Surplus Property Authority of the County of Alameda, the City <br /> of Pleasanton, and CalMat Co., d/b/a Vulcan Materials Company, Western <br /> Division ("Vulcan"), dated September 18, 2007 (the "Cooperation <br /> Agreement"), and further acknowledges that applicant has reviewed and <br /> understands the provisions of the Cooperation Agreement, including but not <br /> limited to the provisions thereof that prohibit the City's issuance of certain <br /> permits for applicant's project unless and until the City complies with its <br /> obligations under the Cooperation Agreement, and allow Vulcan to join <br /> applicant as a real party in interest in any action to enforce the City's <br /> obligations under the Cooperation Agreement. Applicant consents to the <br /> recordation of the Memorandum of Agreement on title to Applicant's <br /> property and shall execute and deliver to City all documents required to <br /> evidence the consent to recordation. <br /> b. Applicant shall provide each potential tenant or purchaser of the project site <br /> with the following written disclosure: <br /> This property is located in the vicinity of operating quarries on land <br /> designated by the County of Alameda for sand and gravel quarry and <br /> related operations, including asphalt and concrete plants, landfill, recycling <br /> of construction materials, reclamation and other similar uses (the "Quarry <br /> Lands"). The Quarry Lands have been designated by the State of California <br /> as containing aggregate and mineral resources of regional significance. <br /> Operations and reclamation activities at the Quarry Lands are projected to <br /> continue until at least 2030. Quarry operations may result in airborne <br /> particulate matter, bright lights, noise and vibration, unattractive visual <br /> appearance, and heavy truck traffic. El Charro Road serves as the main <br /> access route to the Quarry Lands and is subject to a high volume of heavy <br /> truck traffic related to the Quarry Lands. <br /> c. All property owners shall attach the following rider to each deed for any <br /> property within the Staples Ranch Site: <br /> Grantee hereunder acknowledges and agrees that the subject property is <br /> located in the vicinity of active and operating quarries and processing <br /> facilities. Grantee also acknowledges that quarry operations may result in <br /> airborne particulate matter, bright lights, noise and vibration, unattractive <br /> visual appearance, and heavy truck traffic on El Charro Road and adjacent <br /> streets and roadways within or outside the quarries. Grantee accepts <br /> possible inconvenience or discomfort from any of the foregoing and Grantee <br /> hereby acknowledges and agrees that no claim of nuisance shall lie based <br /> on any of the foregoing. Grantee hereby covenants to include this same <br /> paragraph, in its entirety, in any subsequent deed by Grantee of all or any <br /> portion of the subject property. Grantee further covenants to include this <br /> same paragraph within any lease for all or any portion of the subject <br /> property. <br />