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<br />5. The property owner or its successors in interest (owner) shall enter into a deferred improve- <br />ment agreement with the City of Pleasant on (City) to provide that: <br /> <br />a. the owner shall either not protest the establishment of an assessment district, or shall <br />affirmatively vote for the creation of the district or other mechanism to pay the <br />construction costs of the I -680/W est Las Positas Boulevard freeway interchange, <br />depending on the manner of creation of the funding mechanism; <br /> <br />b. the owner retains the right to protest that the allocation of costs among the various <br />properties is inequitable under the above-mentioned funding mechanism; <br /> <br />c. in the event that the assessment mechanism appears to impose economically <br />infeasible levels of costs upon the site, the City agrees to explore alternative financing <br />methods; and <br /> <br />d. if, with the consent by the owner, Section VIII of the previous agreement between the <br />City and Robert E. Meyer, dated June 22, 1982 and recorded as Document No. <br />82-140679, is substantially changed so that it no longer coincides with the wording of <br />this condition, that this condition shall be superseded by the revised agreement <br /> <br />6. Any proposed phasing of this development shall be depicted on the building plans and shall <br />include narrative explaining the proposed phasing. Unless a phasing plan for im- <br />provements is approved by the Planning Director, the applicant shall complete all of the on- <br />site improvements at one time, including all improvements around future building pads. <br />All remaining pad areas shall be seeded and kept in a neat and weed-free manner at all <br />times. <br /> <br />7. The developer acknowledges that the City of P1easanton does not guarantee the availability <br />of sufficient sewer capacity to serve this development by the approval of this case, and that <br />the developer agrees and acknowledges that building permit approval may be withheld if <br />sewer capacity is found by the City not to be available. <br /> <br />8. This approval does not guarantee the availability of sufficient water to serve the project. <br />The City shall withhold building permits for the project if at the time building permits are <br />applied for, mandatory water rationing is in effect, unless the City has adopted a water off- <br />set program and unless the developer is participating in the program. Notwithstanding the <br />developer's participation in such a program, the City may withhold building permits if the <br />City determines that sufficient water is not available at the time of application of building <br />permits. <br /> <br />9. The developer shall construct a public sidewalk in the existing P.S.E. areas located along <br />the east and south sides of Franklin Drive from the southeast corner of Morse <br /> <br />Resolution No. PC-96-30 Conditions of Approval. <br />PUD-80-16-7M and PUD-80-16-11D <br /> <br />May 8, 1996 <br />Page 2 <br />