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4. Applicant and Property Owner have read and fully understand all of the foregoing terms <br />and conditions, and hereby agree that all said terms and conditions are as approved by the San <br />Leandro Board of Zoning Adjustments in accordance with law, and hereby agrees to comply with <br />all of said terms and conditions. <br />IN WITNESS WHEREOF, duly executed by the parties as of the day and year below <br />written. <br />This CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND OUTDOOR <br />FACILITIES PERMIT must be exercised within ONE YEAR or it expires. <br />(Acknowledgment) BayFair Development, LLC, <br />a Delaware limited liability company <br />By: Madison Bay Fair Investment, LLC, <br />a Delaware limited liability company, its <br />Manager <br />By: Madison Realty Partnership LLC, <br />a Delaware limited liability company, <br />its sole member <br />By: Madison Realty Corporation <br />Delaw e corporation, <br />it man ing member <br />By: ~ Date: ~~ O(p <br />Paul Andrews <br />(Acknowledgment) Starbucks Corporation <br />r ~ ~~~~~ <br />S: ~.~~,,~ ~D <br />abri 11 Ti me <br />Receipt of Executed Approval: I hereby certify that ~ am tie ~ecre~ary >Yo the Board of Zoning <br />Adjustments of the City of San Leandro and in that capacity did receive this copy of PLN2005- <br />00111 Agreement to Conditions fully executed by all parties thereto, and that the effective date of <br />this zoning approval granted herein is November 17, 2005. <br />Attest: 1/ ~/1~ti~1.~.~M <br />Marian Handa, City Clerk <br />ppro d as to Form: <br />~~~ <br />Jay ~' ill'ams, City Attorney <br />Agreement to Conditions <br />PLN2005-00111 <br />CITY OF SAN LEANDRO, a municipal <br />corporati n <br />Elmer Penaranda, Secretary <br />Board of Zoning Adjustments <br />November 17, 2005 <br />Page 2 of 2 <br />