Laserfiche WebLink
43 � � <br /> and conditions of the Agreement, which is fully incorporated <br /> herein by reference and shall continue in full force and effect. <br /> (d) This Amendment may be executed in multiple <br /> counterparts, all of which taken together shall constitute one <br /> and the same instrument. This Amendment shall be duly recorded <br /> in the Official Records of Alameda County. <br /> IN WITNESS WHEREOF, the parties have executed this Agreement <br /> as of the day and year first written above. <br /> "City" <br /> CITY OF PLEASANTON, a <br /> municipal corporation of <br /> Attest: the State of California <br /> '1tic.``; ' Y ' - : -.0)4DAQ)--k•-- Sk2.134051?"( <br /> City- Clerk - Peggy L. Ezidro Deborah A. Acosta, <br /> City Manager <br /> Approved a`s to Form: <br /> TkIA,,e /f7{,_,,e <br /> By: <br /> Michael H. Roush <br /> City Attorney <br /> "Developer" <br /> SECURITY TRUST COMPANY, <br /> as rustee under <br /> T st o. 1860-0, <br /> B 1 Iti. ■_ <br /> Title:li :10...11alj <br /> -11- <br />itional 202,000 square feet of Floor Area if <br /> development of such additional Floor Area is determined <br /> to be inconsistent with said Circulation Element (as <br /> the same may be amended as a result of the West Las <br /> Positas study) , 2r (y) confirm Developer's rights to <br /> the additional 202,000 square feet of Floor Area if <br /> development of such additional Floor Area is determined <br /> to be consistent with said Circulation element (as the <br /> same may be amended as a result of the West Las Positas <br /> study) . Such action by the City Council shall be <br /> undertaken at a regularly noticed public hearing, and <br /> the Council action to revoke or to confirm shall be <br /> deemed a legislative action. <br /> Any such revocation shall not affect Developer's other <br /> rights and obligations under the Development Agreement <br /> as amended, nor limit or prejudice Developer's right at <br /> any time to request City approval (whether pursuant to <br /> the Development Agreement or otherwise) of additional <br /> expansion within the Stoneridge Shopping Center. " <br /> 5. Miscellilneous. <br /> (a) Developer acknowledges that the City is not <br /> guaranteeing that existing LOS standards be maintained in <br /> perpetuity and that no guarantee is made that the City will be <br /> responsible for keeping intersections at LOS "D" or better. <br /> (b) Developer shall continue to implement a proactive <br /> Transportation Systems Management program or other measures which <br /> will positively mitigate the Project's otherwise anticipated <br /> traffic impacts. <br /> (c) Except as expressly modified by this Amendment, <br /> the City and Developer hereby ratify and confirm all of the terms <br /> -10- <br /> 1-680. Furthermore, Developer agrees <br /> -9- <br /> reimbursement by the City. <br /> (g) Developer's Responsibility For Increased Costs. <br /> The current Estimated Traffic Mitigation Improvements Costs <br /> -8- <br />f $220,450 <br /> calculated as follows: <br /> (i) 178, 000 sq. ft. (Sears store) divided by <br /> 558, 000 sq. ft. (total Project) yields an allocable <br /> share of the total Project of approximately 32%; <br /> -7- <br />h subparagraph (c) above. <br /> -6- <br /> <br /> 28163403v 2/028227-001530 <br />