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RECORDING i2EQUESTED BY: <br />City of San Leandro <br />Planning Services Division <br />835 East 14th Street <br />San Leandro, CA 94577 <br />WHEN RECORDED MAIL TO: <br />Marian Handa, City Clerk <br />City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577 <br />~a.y °` qLq~ 2085505304 11/Z3/Z005 02.43 Ph1 <br />° c OFFICIAL RECORDS OF ALAMEDA ~~OUNTY <br />`~ ' PATRICK O'CONNELL <br />RECORDING FEE: 0.00 <br />C, l ~FOPN~* <br />~I <br />~ 'i I i i '~ i i ~ <br />'I I~ I C I II I I;!! ; i i q~li ~~I ! i j i <br />I !jli ~i f''i I l ~ j <br />~ ~ I I i i ~~~~ ~ 1 ~ a ~~u <br />I~ ~! ~~ I~ ~ I ~I , ,~,i I ~ j,i~i ~i~ ~ I ~ <br />1'~~ <br />1~ <br />_~` ~I~~ ~' ~F SAN LEANDRJ <br />THIS SPACE FOR RECORDER'S USE ONLY <br />(no fee pursuant to govt code 27383) FEB a ~ 2006 <br />AGREEMENT TO CONDITIONS CITY CLERK'S OFFICE <br />PLN2005-00065 <br />Rezone, Planned Development and Vesting Tentative Map Tract 7569 <br />635/641 MacArthur Boulevard <br />Alameda County Assessor's Parcel Numbers 76-328-1 and 76-328-2-1 <br />MacArthur Superior, LLC (applicant and property owner) <br />THIS AGREEMENT is entered into by and between the CITY OF SAN LEANDRO, a municipal <br />corporation, hereinafter referred to as "City," and MacArthur Superior, a Limited Liability Corporation, <br />hereinafter referred to as "Applicant" and "Property Owner." <br />Applicant has received approval of aPlanned Development, Zoning Map Amendment, and Vesting <br />Tentative Map; to rezone the properties at 635 and 641 MacArthur Boulevard from CC Commercial <br />Community District to CC(PD) Commercial Community, Planned Development Overlay District; To <br />create nine lots and aneight-unit, three-story residential for-sale row-home development at the corner of <br />MacArthur Boulevard and Superior Avenue on a lot that totals 0.35 acres. Seven of the units would <br />comprise 1,647 square feet in livable area; one affordable unit would comprise 1,268 square feet in living <br />area. The site is zoned CC-Commercial Community District. 635/641 MacArthur Boulevard; Assessor's <br />Parcel Numbers 76-328-1 and 76-328-2-1. <br />NOW, THEREFORE, pursuant to the applicable provisions of the Zoning Code, it is mutually agreed <br />as follows: <br />1. Applicant agrees to comply with the Conditions of Approval adopted by the City of San Leandro <br />City Council on November 1, 2004 and as renewed by the Planning Commission on January 22, 2004, more <br />specifically described in the list of Conditions of Approval, attached hereto, and as described in the exhibits <br />on file in the Community Development Department, all of which are incorporated herein by this reference. <br />2. This agreement shall be binding upon and inure to the benefit of the parties hereto and their <br />respective heirs, successors, and assigns. <br />3. City is authorized to record this agreement and any amendments thereto with the Alameda County <br />Recorder, California. All amendments hereto must be in writing and signed by the appropriate authorities of <br />Agreement to Conditions September 6, 2005 <br />PLN2005-00065 Page 1 of 12 <br />