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<br />of the provision of the funds and!or facilities shall be made by the Pleasanton <br />Unified School District and the City, and it may be in addition to the school impact <br />fees required by State law and local ordinance. The present program is described <br />in documents entitled "Cooperation Agreement" and "Flat Fee Agreement." The <br />developer shall be required to participate in the above-referenced program, as it <br />may be amended, or in any successor program, prior to issuance of any building <br />permit for the project. <br /> <br />17. This development shall be considered as a "first-come, first-served" project for <br />growth management purposes. This development plan shall be of no further <br />validity and the applicant shall be required to submit the same or new development <br />plan for City approval prior to development of the site in the event that the <br />applicant fails to record a fmal map within 2 years ofPUD approval. <br /> <br />18. The applicant shall record CC&R's at the time of recordation of the final map <br />which shall create a homeowners association for the development. The CC&R's <br />shall be subject to the review and approval of the City Attorney prior to <br />recordation of the final map. The homeowners association shall be responsible for <br />implementing all storm water measures and for the maintenance of all private <br />streets, private utilities, landscaping, and other common areas and facilities on the <br />site. Landscaping shall be designed with efficient irrigation to reduce runoff, <br />promote surface filtration, and minimize the use of fertilizers, herbicides, and <br />pesticides which can contribute to storm water runoffpollution. <br /> <br />19. Any proposed phasing of this development shall be depicted on the tentative tract <br />map and shall include narrative explaining and proposed phasing. Unless a <br />phasing plan for improvements is approved by the Planning Director, the applicant <br />shall complete all of the on-site improvements at one time (including all <br />improvements around future building pads). All remaining pad areas shall be <br />seeded and kept in a neat and weed-free manner at all times. <br /> <br />20. The developer shall provide to the City a $1 million dollar amenity fee payment to <br />compensate for the increased density above the midpoint of the General Plan <br />density range. The exact use of the amenity fee shall be determined by the City <br />Council with input from the Parks and Recreation Commission and Planning <br />CoITIIDission after public input is received at a Planning Commission workshop. <br />At least some of the fee shall be considered for improvements to the Bernal Alviso <br />Adobe, with consideration to allocate a portion of the fee towards transit and <br />school mitigations. <br /> <br />PUD-96-14 <br /> <br />Page 48 <br />