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® Section 3.07 Dedication of Open Space. Developer shall deed to City in fee, concurrently with the execution of this Agreement by the City, approximately 22 acres of open space designated as Lot 9 and as more particularly shown on the Site Plan Vesting Tentative Tract Map 7813, Sheet 1 of 6, dated April 2007, and the diagram attached hereto as DA Exhibit A-2 and incorporated herein by reference. In addition, Developer shall make an irrevocable offer of dedication to City of a 5' (five foot) strip of land abutting Foothill Road from the adjacent lot at Jorgensen Lane and Foothill Road to the southern boundary of Developer's subdivision. Said five foot strip is more particularly show on the diagram attached hereto as DA Exhibit D and incorporated herein by reference. The parties contemplate that at the time Developer processes its final tract map and deeds Parcels A, B, C and D as shown on the Site Plan Vesting Tentative Tract Map 7813, Sheet 1 of 6, dated April 2007 to the Jorgensen Lane neighboring property owners, City shall accept the offer of dedication of the five foot strip. Furthermore, Developer shall, upon request by neighboring Jorgensen Lane property owners, at its expense remove existing fences at the current (at the time of entering into this Agreement) property lines, and construct new fences where Developer's subdivision abuts Parcels A, B, C and D on the final tract map. If requested by neighboring Jorgensen Lane property owners, the new fences shall connect with existing side fences, which will require the extension of such side fences by Developer at its expense. Section 3.08 When a Final Tract Map is processed, it shall provide that a recorded deed of sale for all lots shall include a disclosure stating the City of Pleasanton owns the open space surrounding lots 1 through 8, that the open space area can be used by the public, that the open space area includes a trail which connects to the Pleasanton Ridge trail, and that the buyer ® recognizes that the activities that take place in the open area may result in noise, odors, dust, or other conditions that may affect the lots covered by this PUD Development Plan. Article IV. City Obligations. Section 4.01 Protection of Vested Rights. To the maximum extent permitted by law, City shall take any and all actions as may be necessary or appropriate to ensure that the vested rights provided by this Agreement can be enjoyed by Developer and to prevent any City Law from invalidating or prevailing over all or any part of this Agreement. City shall cooperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. City shall not support, adopt, or enact any City Law, or take any other action which would violate the express provisions or intent of the Project Approvals or the Subsequent Approvals (defined below). Section 4.02 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving capacity for sewer, water and any other services as may be necessary to serve the Project. Section 4.03 Processing Subsequent Approvals. "Subsequent Approvals" shall mean those certain other land use approvals, entitlements, and permits other than the Project Approvals which are necessary or desirable for the development of the Project on the Project Site. The Subsequent Approvals may include, without limitation, the following: amendments of the Project Approvals, lot line adjustments and/or subdivision maps, improvement agreements, grading 4110 permits, building permits, sewer and water connection permits, and certificates of occupancy.