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a. Applicant acknowledges that the City has provided to applicant a copy, and <br /> the applicant is aware of the existence of that certain Pre- Development and <br /> Cooperation Agreement by and among the City of Livermore, the County of <br /> 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 property <br /> and shall execute and deliver to City all documents required to evidence the <br /> 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 designated <br /> by the County of Alameda for sand and gravel quarry and related operations, <br /> including asphalt and concrete plants, landfill, recycling of construction <br /> materials, reclamation and other similar uses (the "Quarry Lands"). The <br /> Quarry Lands have been designated by the State of California as containing <br /> aggregate and mineral resources of regional significance. Operations and <br /> reclamation activities at the Quarry Lands are projected to continue until at <br /> least 2030. Quarry operations may result in airborne particulate matter, bright <br /> lights, noise and vibration, unattractive visual appearance, and heavy truck <br /> traffic. El Charro Road serves as the main access route to the Quarry Lands <br /> and is subject to a high volume of heavy truck traffic related to the Quarry <br /> 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 possible <br /> inconvenience or discomfort from any of the foregoing and Grantee hereby <br /> acknowledges and agrees that no claim of nuisance shall lie based on any of <br /> the foregoing. Grantee hereby covenants to include this same paragraph, in <br /> its entirety, in any subsequent deed by Grantee of all or any portion of the <br /> subject property. Grantee further covenants to include this same paragraph <br /> within any lease for all or any portion of the subject property <br />