RES 95004 - Laserfiche WebLink

2) the owner retains the right to protest that the allo- cation of costs among various properties is inequita- ble under the above-mentioned funding mechanism; 3) in the event the assessment mechanism appears to impose economically infeasible levels of costs upon the site, the City agrees to explore alternative financing methods; and 4) if, with consent by the owner, Section VIII of the previous agreement between the City and Robert E. Meyer, dated June 22, 1982 and recorded as document no. 82-140679, is substantially changed so that it no longer coincides with the wording of this condition, that this condition shall be superseded by the revised agreement. The deferred improvement agreement shall be submitted to the City Attorney for review and approval before issuance of a building permit and shall run with the land. f. The developer acknowledges that the City of Pleasanton does not guarantee the availability of sufficient sewer capacity to serve this development by the approval of this case, and that the developer agrees and acknowledges that building permit approval may be withheld if sewer capacity is found by the City not to be available. g. The property owner or its successors in interest (owner) shall enter into a deferred improvement agreement with the City of Pleasanton (City) to provide that: 1) the owner will either not protest the establishment of an assessment district, or will affirmatively vote for the creation of the district or other funding mecha- nism to pay for the public park or recreation facili- ties' needs of the employees working in the employment sectors of Pleasanton, depending on the manner of creation of the funding mechanism; 2) the owner retains the right to protest that the allo- cation of costs among various properties is inequita- ble under the above-mentioned funding mechanism; and 3) in the event the assessment mechanism appears to impose economically infeasible levels of costs upon the project site, the City agrees to explore alterna- tive financing methods. Notwithstanding anything to the contrary contained herein, the owner shall only be responsible for its pro-rata share of said costs. The deferred improvement agreement shall Page 2