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<br />Resolution No. PC-96-87 <br />Page 4 <br /> <br />9. 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 <br />offset program and unless the developer is participating in the program. Notwithstanding <br />the developer's participation in such a program, the City may withhold building permits if <br />the City determines that sufficient water is not available at the time of application of <br />building permits. <br /> <br />10. The property owner or its successors in interest (owner) shall enter into a deferred <br />improvement 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 for 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 various <br />properties is inequitable under the above-mentioned funding mechanisms; <br /> <br />c. in the event the assessment mechanism appears to impose economically infeasible <br />levels of costs upon the site, the City agrees to explore alternative financing methods; <br />and <br /> <br />d. if, with 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this condition, that this condition shall be superseded by the revised agreement.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 />The above-stated agreement shall also include apply to any alternate City program <br />designed to mitigate long-term traffic levels-of-service on north Pleasanton freeway <br />interchanges, streets, and/or intersections. <br /> <br />11. Before issuance of a building permit, the developer shall record cross-access and parking <br />with the adjacent property to the south. The agreement shall be submitted to the City <br />Attorney for review and approval prior to recordation. <br /> <br />12. The final landscape and grading plans shall be revised to include the landscape "fingers" <br />shown on the site plan. This change shall be made to the building permit plan set for <br />review and approval by the Planning Director before issuance of a building permit. <br />