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Bernal Avenue Associates/City of Pleasanton Agreement <br /> October 14, 1986 <br /> Page 7 <br /> <br /> and in good faith determine that the effects of cumulative <br /> development of properties within the Bernal Avenue - 1-680 area <br /> require additional mitigation measures ("Additional Mitiga- <br /> tions") than those required by the PUD, and to impose the cost <br /> of financing these Additional Mitigations upon property <br /> benefitting therefrom to the extent reasonable and practical, <br /> subject to limitations set forth in this Section 3, Condition <br /> 14 of PUD and Attachment 3 to this Agreement. <br /> <br /> 3.2 Developer's Right of Protest. Subject to the terms <br />of this Agreement, Developer agrees to either (i) not protest <br />the establishment of assessment districts or benefit districts <br />to fund the Additional Mitigations, or (ii) to affirmatively <br />vote for the creation of such districts. Developer retains the <br />right to protest and litigate all matters other than the <br />validity of the formation of the district, including but not <br />limited to the type of improvements, cost and allocation of the <br />cost of the improvements among various properties. In the <br />event Developer initiates or participates in litigation <br />concerning allocation of the cost of improvements, Developer <br />shall allow formation of the district and placement of liens on <br />the Property so long as City enters a contract to pay the <br />amount of indebtedness that is in dispute in the event <br />Developer prevails in the litigation. The City may pay any <br />such indebtedness pursuant to Government Code Section 970.6 and <br />Developer agrees not to contest payment made pursuant to <br />Section 970.6. A good faith protest pursuant to this Section <br /> <br /> <br />