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04
City of Pleasanton
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2007
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121807
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12/12/2007 3:58:48 PM
Creation date
12/12/2007 3:34:27 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/18/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
04
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ATTACHMENT 2 <br />DRAFT <br />GRAZING LEASE <br />THIS GRAZING LEASE is entered into this day of , 2007 between the <br />City of Pleasanton (City or Lessor) and Timothy S. Koopmann, Trustee of the Koopmann Family <br />Trust (Koopmann or Lessee). <br />RECITALS <br />A. City and Koopmann entered into an Agreement for the Acquisition of Conservation <br />Easement and Long Term Grazing Lease by which Koopmann agreed to sell City a conservation <br />easement on certain property Koopmann owns and, as partial consideration for such sale, City <br />agreed to lease to Koopmann for grazing purposes a portion of the open space property City <br />intended to purchase. <br />B. City has now purchased the open space property and is willing to lease such property <br />to Koopmann on the terms and conditions as provided in the Lease. <br />C. Koopmann desires to lease this property and is agreeable to the terms and conditions <br />of this Lease, including that there will be trails on the leased Property, that the City will conduct <br />a burn program on the leased Property, and that the primary purpose of this Lease is to protect <br />wildlife and endangered species habitat. <br />NOW, THEREFORE, in consideration of the promises herein, the parties agree as follows: <br />1. Lessor leases to Lessee for cattle pasturage/grazing purposes the real property <br />described in Exhibit A to this Lease and as depicted in Exhibit B to this Lease (the Property or <br />the leased Property). <br />2. The rental of the Property herein leased shall be calculated on a variable rate charged <br />by the City and County of San Francisco Public Utilities Commission (Commission) for similar, <br />watershed property that the Commission leases for grazing purposes in Alameda County; the rate <br />shall be based on animal unit months (AUM), i.e., the number of cattle on the property for <br />certain periods of time. For the first year of this Lease, Lessee shall pay Lessor the sum of <br />$14.25 per AUM, which payment is due in two equal installments, on July 1 and November 1 of <br />each year. Annually, the parties will review the rates charged by the Commission and arrive at <br />anew rate per AUM. <br />3. If Lessor determines the Property is being overgrazed, the number of cattle must be <br />reduced within 30 days of such notice to Lessee. In this event, the rent shall be reduced or <br />refunded on a pro rata basis. <br />4. Lessee shall cause the Property to be grazed in compliance with the Grazing Resource <br />Management Plan, dated 2003, as amended, that Lessor has adopted for the Property. <br />5. This lease shall commence on , 2008 and shall continue for 10 <br />years, to and including , 2018, unless the Lessee gives 30 days written <br />
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