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Exhibit "B,', Draft Ordinance <br /> PUD-80-16-10M, PUD Major Modification <br /> City Commission <br /> July 1, 1997 <br /> <br />1. All conditions of Case PUD-80-16-3M shall remain in full force and effect except as super- <br /> seded by the following conditions. <br /> <br />2. The maximum floor area for the Providian site shall be 281,501 sq. ft.; minor changes may <br /> be approved by the Planning Director. <br /> <br />3. The property owner or its successors in interest (owner) shall enter into a deferred improve- <br /> ment agreement with the City of Pleasanton (City) to provide that: <br /> <br /> a. the owner shall either not protest the establishment of an assessment district, or shall <br /> afftrrnatively vote for the creation of the district or other mechanism to pay the con- <br /> struction costs for the 1-680/West Las Positas Boulevard freeway interchange, or al- <br /> ternative traffic mitigation improvement(s) selected by the City Council, depending on <br /> the manner of creation of the funding mechanism; <br /> <br /> b. the developer agrees to pay its fair share of traffic mitigation measures, with or with- <br /> out the 1-680/West Las Positas Boulevard interchange; <br /> <br /> c. the owner retains the fight to protest that the allocation of costs among various prop- <br /> enies is inequitable under the above-mentioned funding mechanisms; <br /> <br /> d. in the event the assessment mechanism appears to impose economically infeasible lev- <br /> els of costs upon the site, the City agrees to explore alternative financing methods; and <br /> <br /> e. if, with consent by the owner, Section VIII of the previous agreement between the <br /> City and Robert E. Meyer, dated June 22, 1982 and recorded as Document No. 82- <br /> 140679, is substantially changed so that it no longer coincides with the wording of this <br /> condition, that this condition shall be superseded by the revised agreement. <br /> <br /> The above-stated agreement shall apply to any alternate City program designed to mitigate <br /> long-term traffic levels-of-service on north Pleasanton freeway interchanges, streets, and/or <br /> intersections with/without the 1-680/West Las Positas Interchange. Additionally, the project <br /> developer/property owner acknowledges the following: <br /> <br />8R:97:192 July 1. 1997 <br />PUD-80-16-10M and PUD-80-16-17D Page 8 <br /> <br /> <br />