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<br />a. If the well and/or pumps are to be enclosed in a structure, said structure shall <br />adhere to the Planned Unit Development Plan Approval (pUD-00-01) <br />development standards for Tract 7240, as amended; or the applicable provisions <br />of the Pleasanton Municipal Code. <br /> <br />b. Owner's use of well water from Parcel A shall be subject to the provisions of <br />Chapter 14.16 Regulations for Protection from Water Contamination and other <br />applicable provisions of the Pleasanton Municipal Code. It is the intention of this <br />provision to require the installation of backflow prevention device for residential <br />structures on Parcel A. This provision does not require the installation of <br />backflow prevention device on the well, pumps or other irrigation devices for <br />Parcel A, Parcel C, or the landscape areas to be maintained by the Association. <br /> <br />2. In the event that the Owner's pumping of well water from Parcel C for vineyards, other <br />related agricultural purposes, or any landscaping on Parcel A, as well as any common area <br />landscaping in Tract 7240, is determined to count against the City's Independent Quota <br />for groundwater, as that term is defined in the Agreement dated March 12, 1968, between <br />the Pleasanton Township County Water District, the City and the Alameda County Flood <br />Control and Water Conservation District ("Zone 7"), then Owner shall pay the then <br />prevailing recharge fee imposed by Zone 7 for all of the water so pumped. Should a <br />recharge fee be imposed on the City resulting from Owner's pumping of well water from <br />Parcel C, Owner shall indemnifY and hold the City harmless from such fee or charges. <br /> <br />3. Owner, at the Owner's cost, shall diligently pursue a lot line adjustment to have the <br />common boundary line between Parcel C and Parcel A adjusted so that the water well is <br />located within Parcel A. After Owner fulfills all reasonable requirements for such a lot <br />line adjustment, City agrees to cooperate in the execution and delivery of any document <br />necessary to effect the lot line adjustment and to transfer title to the property within which <br />the water well is located to Owner. This First Amendment remains in full force and <br />effect and the license granted hereunder may not be revoked except by action of the City <br />Council. On completion of the lot line adjustment, Subsections 1.a., 1.b. and Section 2 <br />shall remain in effect, and the remaining provisions of this First Amendment shall be null <br />and void. All other terms and conditions of the License Agreement will remain in full <br />force and effect. <br /> <br />2 <br />