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the Dublin/San Ramon Services District sewer connection fees as <br />provided by Title 15 of the Pleasanton Municipal Code. <br />D. In the event that the City elects to cause <br />Developer to utilize sewer hook-ups to the City's existing sewer <br />system as provided in Section 5C, City shall use its best efforts <br />to reserve sewer capacity for the Project, but this Agreement <br />does not guarantee the availability of sufficient sewage <br />treatment capacity to serve the Project; building permits may be <br />withheld if the City determines that sewage treatment is not <br />available at the time building permits for the Project are <br />applied for. <br />E. Notwithstanding the provisions of Section 5D, in <br />the. event that Developer has paid a capital fee, as provided in <br />Section 5C, for an off-site treatment plant, to the extent that <br />City realizes a new benefit from the sewage capacity derived from <br />an off-site treatment plant, City shall develop a formula to <br />entitle Developer to sewer capacity based upon Developer's pro <br />rata contribution to the off-site treatment plant. <br />6. School Fees. Developer shall pay such school impact <br />fees as are required by state law. In addition Developer shall <br />participate in a capital fee program for construction of <br />facilities in the school district if the program encompasses more <br />than the Property. Developer acknowledges that different funding <br />or financing mechanisms may be used for areas outside the <br />Property. City shall approve any such capital fee program. <br />[Draft 8/1/91] 10 <br />