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ATTACHMENT 3 D&S DHILLON & SMITH LIS PSM ITH@DHI LLON SMITH.COM December 24, 2013 VIA EMAIL Jonathan Lowell. Esq. City Attorney 123 Main Street P.O. Box 520 Pleasanton, CA 94566 jlowell @ci.pleasanton.ca.us Via Facsimile to: (925) 931-5482 Re: Anil and Divya Reddy Dear Mr. Lowell: On July 15, 2013, the City of Pleasanton (the "City") executed the Temporary Certificate of Occupancy Agreement (the "Agreement") with Anil Reddy and Divya Reddy (collectively, the "Reddys"). As you are well aware, the creation and execution of this Agreement followed weeks of negotiations and revisions between the City and the Reddys. The Agreement allowed the Reddys to utilize the City's design review process to obtain approval of the as-built condition of the Reddys' property, located at 3737 West Ruby Hill Drive, Pleasanton, California (the "Reddy Residence"). The Agreement memorialized that approval of the Reddy Residence would arise from, and be enforced by, the City's design review process: N. The Reddys now seek a temporary certificate of occupancy from the City to allow the Reddys to move-in and occupy their residence while the issue of the differences between the approved design and as-built condition of the Reddy residence, as well as the alleged encroachments and drainage issues with adjacent property, are resolved through a City design review process. O. The City is willing to grant the Reddys a temporary certificate of occupancy only if it has a written and financial guarantee that the Reddys will modify the as- built condition of the home, if needed, to comply with any final decision through the City design review process, as well as a determination regarding the alleged encroachment. The City and the Reddys agreed that the Design Review Process was defined as follows: 177 POST STREET,SUITE 700 I SAN FRANCISCO,CA 94108 1 415.433.1700 1 415.520.6593(F)