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RES 09257
City of Pleasanton
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RES 09257
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4/3/2009 2:36:36 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
1/20/2009
DESTRUCT DATE
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DOCUMENT NO
RES 09257
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with theagriculturalnses within the preserve where said_property is located; provided, however, <br />that the City Council shall not eliminate, without the written consent of Owner, a compatible use <br />during the term of this contract or any renewal thereof. The provisions of this contract and any <br />resolution supplementing the uses pemutted in Exhibit B are nu[ intended to limit or supersede <br />the planning and zoning powers of the City. <br />4. TERM OF CONTRACT. <br />This contract shall be effective as of the day and year first above written and shall remain <br />in effect for a period of ten yeazs therefrom; provided, however, each first day of January shall <br />be the "annual renewal date" of the contract. This contract shall automatically be renewed on the <br />first day of January next succeeding the date of the commencement hereof and on the first day of <br />January of each year thereafter for an additional one-year period unless notice of nonrenewal is <br />given as provided in paragraph 5. This contract shall be subject to an unlimited number of one- <br />year extensions and each such one-year extension shall be added to the term thereof so as to <br />commence inunediately following the termination date or the termination date of the most <br />.recently added one-year extension, whichever is later in time. <br />5. NOTICE OF NONRENEWAL. <br />(a) If either party desires in any year not to renew this contract, that party <br />shall serve written notice of nonrenewal upon the other party in advance of the annual renewal <br />date of this contract. Unless such written notice of nonrenewal is served by Owner at ]east 90 <br />days prior to the renewal date, or by City at least 60 days prior to the renewal date, this contract <br />shall be considered renewed as provided in paragraph 4 above. <br />(b) If either party serves written notice of nonrenewal in any year within the <br />time limits of (a) above, this contract shall remain in effect for the balance of the period <br />remaining since the original execution of this contract, as the case may be. <br />6. NO COMPENSATION. <br />Owner shall not receive any payment from City in consideration of the obligations <br />_< imposed under this contract, it being recognized and agreed that the consideration for the <br />execution of this contract is the substantial public benefit to be derived therefrom, and the <br />advantage that will accrue to Owner as a result of the effect upon the assessed value of the <br />property on account of the restrictions on the use of the property contained herein. <br />7. SUCCESSORS IN INTEREST. <br />This contract and the restrictions imposed hereunder shall run with the property described <br />in Exhibit A and shall be binding upon the heirs, executors, administrators, trustees, successors <br />and assigns of Owner. <br />8. CONDEMNATION. <br />When any action in eminent domain for the condemnation of the fee title or any lesser <br />estate in any land described in Exhibit A is filed or when such land or any lesser estate therein is <br />
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