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CONSERVATION EASEMENT MONITORING AGREEMENT <br /> <br /> THIS AGREEMENT is entered into this __ day 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 /> <br />RECITALS <br /> <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 Area Plan. <br /> <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 /> <br /> C. City, as holder of the Easement, has certain monitoring rights and obligations <br />conceming the habitat area. <br /> <br />D. City wishes to contract with TVC for Easement monitoring and related services. <br /> <br />E. TVC is willing to provide such services to City. <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants and conditions in this <br />Agreement, City and TVC agree as follows: <br /> <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 /> <br /> 2. Compensation. For TVC's services in the next three years, City shall pay TVC <br />as set forth in Exhibit B. <br /> <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 /> <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 /> <br /> <br />