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. . RECORDING REQUESTED BY: . City, of San Leandro Planning Services Division 835 East 14th Street San Leandro, CA 94577 WHEN RECORDED MAIL TO: Marian Handa, City Clerk City of San Leandro 835 East 14th Street San Leandro. CA 94577 - 2007112318 - 03/20/2007 01:57 PM OFFICIAL RECORDS OF ALAMEDA COUNTY PATRICK O'CONNELL RECORDING FEE: 0.00 ~I" IIIIIU III II I" 17 POS 11 f" THIS SPACE FOR RECORDER'S USE ONLY (no fee pursuant to govt code 27383) AGREEMENT TO CONDITIONS PLN2005-00112 15575 Hesperian Blvd. In-N-Out Burgers (Applicant) Freschi, Maionchi, & Kamena Trust (property Owners) Wells Fargo Bank as Brunetti Family Trustee (property Owners) THIS AGREEMENT is entered into by and between the CITY OF SAN LEANDRO, a municipal corporation, hereinafter referred to as "City", and In-N-Out Burger, hereinafter referred to as "Applicant" and Freschi, Maionchi, & Kamena Trust, hereinafter referred to as "Property Owner", and Wells Fargo Bank as Brunetti Family Trustee, hereinafter referred to as "Property Owner." Applicant applied for and received Planned Development approval on March 2, 2006 to construct a new In-N-Out fast food restaurant (3,372 square feet) and operate a drive-up facility and outdoor seating area at 15575 Hesperian Blvd., identified as Parcel "C" of Parcel Map #8864, in San Leandro, Alameda County. This Agreement applies only to the area designated as Parcel "C" of Parcel Map #8864. NOW, THEREFORE, pursuant to the applicable provisions of the Zoning Code, it is mutually agreed as follows: 1. Applicant agrees to comply with the Conditions of Approval adopted by the City of San Leandro Community Development Director, more specifically described in the list of Conditions of Approval, attached hereto, and as described in the exhibits on file in the Community Development Department, all of which are incorporated herein by this reference. 2. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 3. City is authorized to record this agreement and any amendments thereto with the Alameda County Recorder, California. All amendments hereto must be in writing and signed by the appropriate authorities of the City, Applicant and Property Owner. If recorded, Applicant will be charged the costs of recordation and agrees to pay same. To Be Recorded: l Y es _No.