PC-93-25 - Laserfiche WebLink

C. In recognition of the need for certainty of the availability of sufficient wastewater treatment capacity to allow full development of the Property, the City hereby reserves 168,000 gallons (763.64 Residential Discharge Equivalents) of wastewater treatment capacity for use on the Property which shall be implemented as described in the attached "Wastewater Capacity Reservation Guidelines" (Exhibit B). 1) Wastewater capacity pre-purchased by Prudential (63,000 gallons of capacity) will continue to be available to the Property, if so chosen by Prudential, under the terms of the pre-purchase program. 2) This Amendment hereby supersedes the Second Amended Willow West Agreement as it relates to the Property, and no wastewater treatment capacity established under that Agreement shall be used on the Property. 3) Prudential, or assignees of wastewater capacity, shall pay the standby demand charge for all wastewater capacity reserved herein but not actually allocated to completed buildings. D. The parties acknowledge that all fire facilities, water facilities, noise mitigations, and traffic improvements which were contemplated by the "Mitigation Measures Agreement" between the City and Prudential dated July 27, 1982, have either been constructed or required by this Amendment and, therefore, said "Mitigation Measures Agreement" is no longer necessary to address the effects of developing the Property. This Amendment hereby supersedes the "Mitigation Measures Agreement" and renders it null and void with respect to the Property. E. Assignability. The Phase I Development Agreements made certain obligations for improvements personal to Prudential. These obligations have been satisfied except for the further traffic improvements described herein, but for which satisfactory assurance of their improvement has been gained by making these improvements the obligations 6