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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 this condition, that this condition shall be superseded by the revised agreement 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 />5. 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 />6. The developer acknowledges that the City of Pleasanton 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 />7. 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 />8. 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 comer of Morse <br /> Drive/Franklin Drive to the southwest comer of Franklin Drive/Johnson Drive. The side- <br /> walk shall be constructed as follows: <br /> <br /> a. Minimum width shall be six feet (6' 0"). <br /> <br /> b. Where feasible, the location of the sidewalk within the P.S.E. shall meander with re- <br /> spect to existing berms and trees. If necessary, berms may have to be regraded and <br /> trees removed. <br /> <br /> c. If an existing tree is removed, it shall be replaced by the developer with a twenty-four <br /> inch (24") box-size tree of similar species. <br /> <br /> City Council Resolution No. 96-55 May 21, 1996 <br /> PUD-80-16-11D Page 2 <br /> <br /> <br />