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attach against said property and other property owned by Owncr in the City. Such lien shall have <br />the force, effect and priority of a judgment lien. Nothing shall preclude the City Council from <br />requiring payment in full of the cancellation fee prior to the cancellation becoming effective. <br />11. LIABILITY OF OWNER UPON CANCELLATION. <br />(a) Prior to the giving of tentative approval to the cancellation of the contract <br />by the City Council, the County Assessor shall reassess said property as though it were free of <br />the restriction provided for herein. The amount of the cancellation fee to be paid by Owner upon <br />cancellation shall be determined in accordance with Government Code § 51283(b). <br />(b) If the City Council recommends and finds that it is in the public interest to <br />do so, the County may waive any such payment or any portion thereof, or make any such <br />payments or portion thereof contingent upon the future use to which said property is put and its <br />economic return to the Owner for a period of time not to exceed the unexpired term of the <br />contract had it not been cancelled, provided: (1) the cancellation is caused by an involuntary <br />transfer or change in the use to which said property may be put and said property is not <br />immediately suitable, nor will be immediately used for, a purpose which produces a greater <br />economic retut~t to Owner; and (2) the City Council has determined that it is in the best interests <br />of the public or the conservation of agricultural land that such payment be either deferred or not <br />required; and (3) the waiver is approved by the Secretary of the Resources Agency. <br />12. NOTICES. <br />Al] notices required or permitted by this contract shall be given in writing and may be <br />mailed or delivered in person. If mailed the address of Owner shall be the last known address on <br />the assessment records of the County, and City's address shall be 123 Main Street, Pleasanton, <br />CA 94566, and deposit in the mail, postage prepaid, shall be deemed receipt thereof. <br />ATTEST: <br />Karen Diaz, City erk <br />~_~~<~ <br />APPROVED AS TO FORM: <br />Michael Roush, City Atto ney <br />~iutC~C a~ /~ <br />CTl'Y OF PLEASA O <br />Nelson Fialho -City Manager <br />OWN <br />David Theobald -Owner <br />Lind Theobald -Owner <br />