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63. The applicant shall offer to grant an easement or fee for the <br /> public access over and use of the upland open space on the <br /> project site for recreational purposes. The Parks and <br /> Recreation Commission shall recommend to the City Council prior <br /> to approval of the final map whether to accept such an easement <br /> or fee. The City and the applicant shall work together to seek <br /> mutually satisfactory resolutions to issues of joint concern, <br /> including access points, liability issues, hours of use, <br /> intensity of use, and the nature and extent of the public's <br /> interest in the property. <br /> <br />64. The developer shall enter into an agreement with the City to <br /> enter into an assessment district or districts for the <br /> construction of all the facilities necessary for the <br /> amelioration of traffic congestion in the North <br /> Pleasanton/Foothill Road corridor, of which it is a part. The <br /> developer shall enter into this agreement prior to the final <br /> map. This agreement shall require that no protest be made to <br /> the inclusion in or establishment of assessment districts or <br /> other funding mechanisms which place the developer or each lot <br /> owners' pro rata share of the cost of the public improvements <br /> to be built pursuant to the formation of the assessment <br /> district. This agreement shall be recorded with the final <br /> map. <br /> <br />pud8921.con/JIRev 6/19/90 <br /> <br />Rev.6/19/90 <br /> -23- <br /> <br /> <br />