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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 l~ ~~ At j . 9''> 2008120303 04l 1112008 03 ; 44 PM OFFICIAL RECORDS OF ALAMEDA COUNTY PATRICK O'CONNELL C~LISOpN~* RECORDING FEE: 0.00 IhViN'~I'~~~InW~N~~nlli~nllV~ a• San Leandro, CA 94577 THIS SPACE FOR RECORDER'S USE ONLY (No fee pursuant to govt code 27383) AGREEMENT TO CONDITIONS PLN2007-00057 Business Center Place, Lots 6 and 7 Merced Street Property, LLC (Applicant and Property Owner) THIS AGREEMENT is entered into by and between the CITY OF SAN LEANDRO, a municipal corporation, hereinafter referred to as "City", and Merced Street Property LLC hereinafter referred to as "Applicant" and/or "Property Owner", respectively. Applicant received Site Plan Review approval on January 22, 2008, to construct two industrial buildings totaling 64,660 square feet (Building A - 54,100 square feet and Building B - 10,560 square feet) to be located at Business Center Place, Lots 6 and 7, Alameda County Assessor's Parcel Numbers 79A-591-13 and -14. 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 San Leandro Zoning Enforcement Official, more specifically described in the list of Conditions of Approval, attached hereto, and as described in the reports and 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 and Applicant. The Applicant will be charged the costs of recordation and agrees to pay same. Conditions run with the land and are binding to future owners of the property. 4. Applicant and Property Owner have read and fully understand all of the foregoing terms and conditions, and hereby agree that all said terms and conditions are as approved by the San Leandro Zoning Enforcement Official in accordance with law, and hereby agree to comply with all of said terms and conditions .