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and cf Developer, including the major department store owners, except <br />that Pleasanton Properties Corp., CHH Realty, Inc., and J. C. Penney <br />prcperties, Inc., as parties to the REA referred to in Paragraph IV-D <br />abcve, as successors of Developer to portions of the Shopping Center, <br />shall not be bound by Developer's obligations under Paragraph II-B-1 <br />and Paragraph V-H. <br /> <br /> H. Future Expansion. The City and Developer recognize and <br />agree that in order for Phase II of the Regional Center to proceed, <br />additional works of improvement in aid of motor vehicle circulation may <br />be necessary. Prior to the commencement of Phase II development the <br />City and the Developer agree to determine what works of improvement may <br />be required and, to the extent the cost thereof is not assumed by third <br />parties, to determine the proportionate share of the cost of improve- <br />ments to be borne by each. <br /> <br /> I. Captions. Paragraph headings in this agreement are for con- <br /> venience only and are not part of the agreement and do not in any way <br /> limit or amplify the terms and provisions of this agreement. <br /> J. Sewer Treatment Capacity and Services. The site of the <br /> Reqicnal Shopping Center, by virtue of priorities established in the <br /> Novether 8, 1972 Settlement Agreement incorporated into the judgment of <br /> Decether 19, 1972, City of Pleasanton vs. Valley Community Services <br /> District and Related Interventions, Alameda Counhy, Superior Court, <br /> 423134, and subsequent revisions thereto, (hereinafher referred to as <br /> 1972 Settlement Agreement), has future sewer treatment capacity in the <br /> Dublin San Ramon Services District (formerly Valley Community Services <br /> Districtl Treatment Plant. Said 1972 Settlement Agreement establishes <br /> certain oriorities for future sewer capacity among which is a high <br /> priority and capacity sufficient to provide for Regional Shopping Center. <br /> <br />-14 - <br /> <br /> <br />