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Resolution No. PC-01-35 <br />Page 6 <br /> <br />19. <br /> <br />Prior to occupancy of the office building expansion, the property owner or its <br />successors in interest (owner) shall enter into an agreement with the City of <br />Pleasanton (City) to provide that: <br /> <br />the owner shall either not protest the establishment of an assessment district, <br />or shall affirmatively vote for the creation of the district or other mechanism <br />to pay the construction costs for the 1-680/West Las Positas Boulevard <br />freeway interchange, or alternative traffic mitigation improvement(s) <br />selected by the City Council, depending on the manner of creation of the <br />funding mechanism; <br /> <br />the owner retains the right to protest that the allocation of costs among <br />various properties is inequitable under the above-mentioned funding <br />mechanisms; and, <br /> <br />in the event the assessment mechanism appears to impose economically <br />infeasible levels of costs upon the site, the City agrees to explore alternative <br />financing methods. <br /> <br />This agreement shall apply to any alternate City program designed to mitigate <br />long-term traffic levels-of-service on north Pleasanton freeway interchanges, <br />streets, and/or intersections with/without the 1-680/West Las Positas Interchange. <br />Additionally, the project developer/property owner acknowledges that: <br /> <br />The City of Pleasanton does not guarantee that existing Level-of-Service <br />(LOS) standards will be maintained in perpetuity and that no guarantee is <br />made by the City that it will be responsible for keeping north Pleasanton <br />streets, intersections, and freeway entrance/exit ramps at LOS "D" or better. <br /> <br />If required by the City, the project developer shall implement a proactive <br />Transportation Systems Management program or other measures required by <br />the City Council to mitigate this project's anticipated traffic impacts. <br /> <br />20. <br /> <br />The project developer shall effectively screen from view all ducts, meters, air <br />conditioning equipment, and any other mechanical equipment, whether on the <br />structure, on the ground, or on the roof, with materials architecturally compatible <br />with the main structure. Screening details shall be shown on the plans submitted <br />for issuance of building permits, the adequacy of which shall be determined by <br />the Planning Director. All required screening shall be provided prior to <br />occupancy. <br /> <br />21. <br /> <br />The top-most elevation of all roof-mounted mechanical equipment shall be at or <br />below the elevation of the roof-mounted screen wall unless a line-of-site analysis <br />is provided which shows that all portions of said equipment will not be seen from <br />the opposite side of Chabot Drive. <br /> <br /> <br />