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41. All site improvement and construction activities shall be limited to the hours of 8:00 <br /> a.m. to 5:00 p.m. Monday through Saturday. No construction shall be allowed on <br /> Federal Holidays. All construction equipment must meet DMV noise standards and <br /> shall be equipped with muffling devices. <br /> <br />Building <br /> <br />42. The developer shall ensure that the building is designed to be enerav efficient. and <br /> shall generally seek to comply with the energy efficiency guidelin~i of the U.S. Green <br /> Building Council. <br /> <br />43. The property owner or its successor in interest (owner) shall enter into an agreement <br /> xvith the City of Pleasanton to provide that: <br /> <br />a. The owner shall either not protest the establishment of an assessment district. or <br /> shall affirmatively vote for the creation of the district or other mechanism to pay <br /> the construction costs for the 1-680/West Las Positas Boulevard interchange. or' <br /> alternative transportation and/or air quality. miti~,ation improvement(s) selected by <br /> the City Council. depending upon the manner o~creation of the funding <br /> mechanism: <br />b. The owner retains the right to protest that the allocation of costs among various <br /> property owners is inequitable under the above mentioned funding mechanisms: <br />c. In the event that the assessment mechanism appears to impose economically <br /> infeasible levels of costs upon this site. the City agrees to explore alternative <br /> financing methods. <br /> <br />This agreement shall apply to any alternative City program designed to mitigate <br />long-term traffic levels of service on north Pleasanton freeway interchanges, streets. <br />and/or intersections with/without the 1-680/West Las Positas i3oulevard interchange. <br />Additionally, the project developer/property owner acknowledges that: <br /> <br />The City of Pleasanton does not guarantee that the existing level of service (LOS) <br />standards will be maintained in perpetuity and that no guarantee is made by the <br />City that it will be responsible for keeping north Pleasanton freeway interchanges. <br />streets. and/or intersections at LOS "D" levels or better. <br /> <br />44. All building and/or structural plans must comply with all codes and ordinances in <br /> effect before the Building Department will issue permits. <br /> <br /> Page 7 <br />PUD-82-19-6M <br /> <br /> <br />