Laserfiche WebLink
charges then in effect from time to time under the Pleasanton <br /> Sewerage Code. Developer shall pay the regional and local <br /> connection fees then in effect when Developer draws on this <br /> reserve. In addition, City shall not be restricted in its right to <br /> charge Developer or the occupants of the Shopping Center, as the <br /> case may be, non-discriminatory user charges on a periodic basis in <br /> accordance with the Pleasanton Sewerage Code from time to time <br /> in effect. All references to "Remaining Capacity" in Paragraphs 2 <br /> and 3(d) below shall be understood to include the additional <br /> capacity reserved to Developer under this Paragraph 1 (d) . <br /> <br /> 2. Seaion 2 of the Agreement is revised to read as follows: <br /> <br /> "2. Allocation ofRemaininlz Canacitv <br /> <br /> a. Developer may in its discretion allocate Remaining Capacity, by <br /> wdnen assignment, to any occupant of the Shopping Center, as the <br /> same may be expanded as contemplated in the Development <br /> A~eement. Without limitation, such assignments may be made to <br /> occupants of Mall Stores, both restsumu and non-restaurant, <br /> department stores and specialty stores. Notwithstanding any <br /> otherwise applicable provision of the Pleasanton Sewerage Code or <br /> policies or ~uidelines adopted by City pursuant thereto, such <br /> allocations of the Remaining Capacity shall be made on the basis of <br /> (i) in the case of restaurant occupants, a number of gallons per day <br /> per square foot of occupied commercial floor area (without <br /> consideration of effluent "strength", as provided in subparagraph <br /> (c) below), based upon the best estimate as to the likely sewer <br /> discharge flow from the particular restaurant occupant, and <br /> considering historical flows from similar restaurant facilities in the <br /> Shopping Center, or (ii) in the case of all other occupants of the <br /> Shopping Center, 0.04 gallons per day per square foot of <br /> commercial floor area. Developer shall notify City in writing of <br /> each such allocation to a new occupant within the Shopping Center, <br /> which allocation shall satisfy sewer discharge requirements in <br /> connection with the issuance of building permits to such occupants. <br /> <br /> (Subsections b. and c., no change.)" <br /> <br />(SRWOSEW.SAM) 2 <br /> <br /> <br />