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of Zoning Adjustments in accordance with law, and hereby agree to comply with all of said teens and conditions, provided that the Property Owner is not and shall not become liable, as successor or interest or operation of law or otherwise, for any obligations expressly applicable only to the Applicant hereunder, unless Property Owner hereafter expressly assumes and agrees in writing to be liable for such Applicant obligations. If Applicant defaults on such obligations and Property Owner does not expressly assume and agree to be liable in writing for such defaulted Applicant obligations, then the City may terminate this Agreement and development entitlements hereunder by giving Property Owner at least 30 days advance written notice of City's intention to do so. - IN WITNESS WHEREOF, duly executed by the parties as of the day and year below written. This CONDITIONAL USE PERMIT must be exercised within ONE YEAR or it expires. (Acknowledgment) Robe A. Barbe , an individual, as Applicant Signature Date: 3 - 3 - 2 cxx ( Acknowledgment) Franklin A. & Loida A. Jacinto, trustees of amily Tru • as Property Owner I bt 1t nklin A. to ■ 1 Loida .. Vint() Hugh p I I Receipt of Executed Approval: I hereby certify that 1 am the Secretary to the Board of Zoning Adjustments of the City of San Leandro and in that capacity did receive this copy of PLN2010 -00071 Agreement to Conditions fully executed by all parties thereto, and that the effective date of this zoning approval granted herein is February 3, 2011. CITY OF SAN LEANDRO, a municipal corpo . •n Attest: �4 t�CCa � c� If Poi- Marian Handa, City Clerk Sally Barros, Secretary Board of Zoning Adjustments • Approved as to Form: Richard Pio Roda, Assistant City Attorney Agreement to Conditions PLN2010 -00071 February 3. 2011 Page 2 of 15