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04
City of Pleasanton
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04
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2/29/2008 9:57:16 AM
Creation date
2/29/2008 9:01:38 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
3/4/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
04
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Lessor. If Lessor or the City's Rangeland Manager determines that the Pastures are being <br />overgrazed, the number of units must be reduced within three days of such notice to Lessee. <br />4. Lessee shall cause the Pastures to be grazed in compliance with the Grazing / <br />Resource Management Plan that Lessor has adopted for the Pastures and other City-owned <br />property in Happy Valley. Lessee acknowledges that he has received a copy of such Grazing / <br />Resource Management Plan. Lessee shall also comply with the directives of the City's <br />Rangeland Manager. If there is any conflict between the terms of this Lease, direction provided <br />to Lessee from the City's Rangeland Manager, and the terms of the Grazing /Resource <br />Management Plan, the order of precedence shall be: (1) Rangeland Manager; (2) Lease; and then <br />(3) the Grazing /Resource Management Plan. <br />Lessee acknowledges that to comply with the Grazing /Resource Management Plan, the <br />actual grazing of the Pastures by Lessee's cattle shall occur only from February thru June of each <br />year, unless prior written approval is given to the Lessee from the City's Rangeland Manager and <br />the Lessor. <br />5. This lease shall commence on February 1, 2008, and shall automatically renew <br />annually for a total period of five (5) years, through June 1, 2013, unless the Lessee gives 30 <br />days written notice to Lessor to terminate the Lease, in which case the Lease hereby created shall <br />terminate in accordance with such notice. <br />Lessee's failure to comply with the provisions of the Grazing /Resource Management <br />Plan, the Lease or directives from the City's Rangeland Manager, shall be the basis for <br />termination of this Lease if Lessee does not promptly correct such failure or comply with the <br />directive within ?2 hours of such failure or directive being brought to the Lessee's attention by <br />telephone, fax or U.S. mail. <br />6. Lessee understands that the leased Pastures are adjacent to a golf course and that golf <br />courses have risks associated with them not associated with other property that is grazed by <br />cattle or other livestock. Risks include, but are not limited to, damage to property or injury to <br />persons or animals from: (a) golf balls that are hit onto the leased Pastures; (b) the entry by <br />golfers onto the leased Pastures to retrieve golf balls or otherwise; (c) overspray from watering <br />the golf course that may be offensive or cause damage to the leased Pastures or improvements <br />(including fences); (d) noise from maintenance and operation of the golf course and/or of <br />agricultural uses including, without limitation, compressors, blowers, pumps, mulchers, tractors <br />and utility vehicles, all of which may be operated at various times of the day or night and/or <br />continuously; (e) odors arising from irrigation and fertilization of the golf course and /or from <br />agricultural uses; and (f) disturbances and loss of privacy resulting from golf cart traffic and <br />golfers. In addition, pesticides, herbicides, fertilizers and other chemicals may be applied to the <br />golf course and to the agricultural uses throughout the year, and reclaimed water, treated waste <br />water or other sources of non-potable water may be used for irrigation of the golf course and the <br />agricultural uses. Lessee expressly assumes the detriments and risks described in this Section 6 <br />and agrees that neither Lessor, nor any of its contractors, agents, successors or assigns, shall be <br />liable to the Lessee or anyone claiming any loss or damage, including, without limitation, <br />indirect, special or consequential loss or damage arising from personal injury, destruction of <br />Page 2 of 6 <br />
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