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BERNAL PROPERTY FARMING LEASE THIS AGREEMENT is made this day of , 2008 between the CITY OF PLEASANTON ("City") and TOM GREENE, an individual ("Tenant"). RECITALS A. The City owns the real property bordered to the north by Bernal Avenue, to the west by Oak Vista Way, to the south by Valley Avenue and to the east by the Union Pacific Railroad tracks, which property is approximately 60 acres and generally depicted on the attached and incorporated Exhibit A and which is a portion of the Central Parcel of the land commonly referred to as the Bernal Property ("Property"). B. City desires to have the Property farmed on a temporary basis, and Tenant desires to lease the Property for farming purposes as set forth below. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. Lease of Property. City leases to Tenant the Property shown on Exhibit A. 2. Use of Property. Tenant shall use the Property only for growing seasonal oat hay ("Crop"). No other use shall be permitted under this Agreement. Tenant shall use the Property in the following manner: a. Tenant shall utilize generally accepted, modern farming practices in the growth and care of the Crop. Tenant shall incorporate sufficient nutrients and/or amendments to the soil on the Property, so that current soil structure and fertility remain consistent or improve. b. Tenant shall keep dust generation to a minimum. c. Tenant shall take active and consistent measures to control rodents, including ground squirrels and pocket gophers. d. Tenant shall limit the use of herbicides to less than five (5) ounces per acre. Tenant shall not store any hazardous materials, including herbicides or pesticides, on the Property. Tenant shall be responsible for any cleanup on or off the Property due to Tenant's use or spillage of hazardous materials. e. Tenant shall remove and properly dispose of any rocks weighing less than twenty (20) pounds, and other debris that may accumulate on the Property.