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be reallocated as provided in the City's existing growth management program ordinance <br />(Chapter 17.36, Pleasanton Municipal Code, in particular, Section 17.36.090B.2). <br />4. Satisfaction of Conditions: It is understood that upon Developer's making <br />the payments referred to in Section 1 and Section 2, Developer shall be deemed to have satisified <br />the terms of (a) PUD 97-12-1M, Condition 3 (modified original Condition 99 of PUD 97-12 <br />pertaining to contributions for golf course consultants), and (b) PUD 97-12, Condition 100 <br />(concerning contributions to HVSPA infrastructure). <br />5. Runs With the Land. The terms of this Agreement shall be binding upon <br />and inure to the benefit of the Developer and all successive owners of Property as described in <br />Exhibit "A", and maybe recorded upon the request of either City or Developer. <br />Notwithstanding the foregoing, this Agreement shall no longer constitute an encumbrance on the <br />property following the recording of a final map on the Property. <br />6. Notices: All notices required or provided for under this Agreement shall <br />be in writing and delivered in person or sent by certified mail, postage prepaid, by overnight <br />deliver or by facsimile. <br />Notices required to be given to City shall be addressed as follows: <br />City of Pleasanton <br />123 Main St. <br />P.O. Box 520 <br />Pleasanton, CA 94566-0802 <br />Attn: City Manager <br />Director of Planning and Community Development <br />Facsimile: (925) 931-5482 <br />Notices required to be given to Developer shall be addressed as follows: <br />New Cities Development Group <br />100 Pasadera Drive <br />Monterey, CA 93940 <br />Attn: Frederick M. Bates <br />Facsimile: (831) 655-2448 <br />With a copy to: <br />Miller, Starr & Regalia <br />1331 N. California Blvd., Fifth Floor <br />Walnut Creek, CA 94596 <br />Attn: Karl E. Geier <br />Facsimile: (925) 933-4126 <br />NCDG\35628\514233.2 <br />