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zhaL ~i) as to the add~tlcnal 202,000-square foot <br /> expansion approved herein as part of the Project (but <br /> not the previously approved 178,000 square feet), no <br /> use of such additional floor area will be made until <br /> completion of the West Las Positas study or October 21, <br /> 2000, whichever comes first, and (ii) should the City <br /> determine as a result of such study, due to the <br /> inability to satisfactorily mitigate traffic on North <br /> Pleasanton intersections, ~o impose a moratorium on new <br /> development applicable to properties not. vested as of <br /> October 21, 1997 (but in all events excluding projects <br /> as to which (and so long as) an unexpired building <br /> permit has been issued as of the date of such action by <br /> the City) which contribute traffic to Stoneridge Drive <br /> at 1-680, then Developer's ability to develop the <br /> additional 202,000 Square foot expansion shall be <br /> suspended unless the City, in light of the then-adopted <br /> land use policies, allows ~his or some other <br /> expansion.,, <br /> <br /> 5. MiscellaneOus. <br /> <br /> (a) Developer acknowledges that the City is not <br />guaranneeing nha~ existing LOS standards be maintained in <br />perpetuity. and that no guarantee is made that the City will be <br />responsible for keeping intersections at LOS D or better. <br /> <br /> (b) Developer shall continue to implement a proactive <br />Transportation Systems Management program or other measures which <br />will positively mitigate the Project's otherwise anticipated <br />traffic impacts. <br /> <br /> (c) Except as expressly modified by this Amendment, <br />the City and Developer hereby ratify and confirm all of the terms <br />and conditions of the Agreement, which is fully incorporated <br />herein by reference and shall continue in full force and effect. <br /> <br /> (d) This Amendment may be executed in multiple <br />counterparts, all of which taken together shall constitute one <br />and the same instrument. This Amendment shall be duly recorded <br />in the Official Records of Alameda County. <br /> <br /> -10- <br /> <br /> <br />