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EXHIBIT <br /> <br /> Conditions of Approval <br /> Case PUD-80-16-9D <br /> <br /> (January 17, 1995) <br /> <br />1. General Requirements <br /> <br /> a. The subject project shall be constructed substantially as <br /> shown on the development plans, Exhibit "A", dated "Re- <br /> ceived, November 14, 1994" on file with the Planning <br /> Department, except as modified by the following condi- <br /> tions. Minor changes to the plans and conditions may be <br /> allowed subject to the approval of the Planning Director <br /> if found to be in substantial conformance to the approved <br /> exhibits. <br /> <br /> b. All conditions of Case PUD-80-16-7D shall remain in full <br /> force and effect, except that Building "C" shall be 83,600 <br /> square feet in size. <br /> <br /> c. The effective date of the design review approval, Case <br /> PUD-80-16-9D, shall coincide with the effective date of <br /> the major modification, PUD-80-16-4M. If Case PUD-80-16- <br /> 4M is denied, Case PUD-80-16-9D shall expire with no <br /> further legal force and effect. <br /> <br /> d. The developer acknowledges that this approval does not <br /> guarantee the availability of sufficient water to serve <br /> the project. The City shall withhold building permits for <br /> the project if at the time building permits are applied <br /> for, mandatory water rationing is in effect, unless the <br /> City has adopted a water offset program and unless the <br /> developer is participating in the program. Notwithstand- <br /> ing the developer's participation in such a program, the <br /> City may withhold building permits if the City determines <br /> that sufficient water is not available at the time of <br /> application of building permits. <br /> <br /> e. The property owner or its successors in interest (owner) <br /> shall enter into a deferred improvement agreement with the <br /> City of Pleasanton (City) to provide that: <br /> <br /> 1) the owner shall either not protest the establishment <br /> of an assessment district, or shall affirmatively vote <br /> for the creation of the district or other mechanism to <br /> pay the construction costs for the 1-680/West Las <br /> Positas Boulevard freeway interchange, depending on <br /> the manner of creation of the funding mechanism; <br /> <br /> Page 1 <br /> <br /> <br />