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DEVELOPMENT DEFERMENT AGREEMENT: <br /> <br /> Deer Oaks Land Company <br /> <br /> THIS DEVELOPMENT DEFERMENT AGREEMENT (the "Agreement") is <br />made this 5th day of November,1985, by and between the DEER OAKS <br />LAND COMPANY, a Joint Venture (hereinafter referred to as <br />"Developer"), and the CITY OF PLEASANTON, a municipal corporation <br />(hereinafter referred to as "City"). <br /> <br /> RECITALS <br /> <br /> A. Developer is the owner of certain property on Foothill <br />Road commonly known as Deer Oaks. Deer Oaks consists of 23 <br />parcels which were created in two phases: Parcel Map 3967 <br />created four lots and Tract No. 4940 created 19 lots. <br /> <br /> B. The-Deer Oaks project was allocated 23 of the 44 sewer <br />permits purchased by and allocated to the Foothill Road Tract <br />pursuant to Waiver and Compromise AGreement dated April 22, 1980 <br />and approved by Judge Bostick. <br /> <br /> C. During a substantial portion of the time that this <br />project has been eligible for development, its development has <br />been impeded by litigation brought about by Lee Henderson, a <br />neighboring land owner. The City rescinded an initial 1981 <br />project approval and reapproved the project PUD in <br />August/September 1982. Again, in October 1984, Mr. Hender,son <br />sued the City and the Developer regarding this project approval. <br />That litigation was finally concluded with a judgment against Mr. <br /> <br /> - 1 - <br /> <br /> <br />