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or 2013338131 10/23/2013 02:59 PM RECORDING REQUESTED BY: IV � OFFICIAL RECORDS OF ALAMEDA COUNTY ✓ PATRICK O'CONNELL 0.00 City of San Leandro �,,,,o,w• • RECORDING FEE: Planning Services Division II 835 East Leandro, Street III till II III El San Leandro; California 94577 < III IIII 12 PCS WHEN RECORDED MAIL TO: Marian Handa, City Clerk 0A City of San Leandro 835 East 14th Street fck San Leandro, California 94577 THIS SPACE FOR RECORDER'S USE ONLY Q (No fee pursuant to Government Code Section27383) AGREEMENT TO CONDITIONS PLN2012-00006 - 2539 Grant Avenue • Louis Rigaud,Halus Power Systems (Applicant) MTLG LLC (Property Owner) THIS AGREEMENT is entered into by and between the CITY OF SAN LEANDRO, a municipal corporation, hereinafter referred to as "City", Louis Rigaud, Halus Power Systems, sole proprietor hereinafter referred to as "Applicant", and, MTLG LLC, a limited liability company, hereinafter referred to as "Property Owner". Applicant and property owner applied for and received a Variance; to construct an 80-foot tall, single wind turbine where the blades will extend an additional 20 feet from the structure for a maximum height of 100 feet. Structures up to sixty (60) feet in height are permitted in the IG Zoning District and a variance to height is required for exceeding 60 feet. The proposed turbine would be an accessory use to the primary manufacturing/research and development use of the site; 2539 Grant Avenue; Alameda County Assessor's Parcel Numbers 80G-910-15. 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 Board of Zoning Adjustments at its February 7, 2013 meeting and affirmed by the City Council at its April 1, 2013 meeting, more specifically described in the list of Conditions of Approval and including the Council's added language to Condition II. A., attached hereto, 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 Agreement to Conditions April 1,2013 PLN2012-00006 Page 1 of 7