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Center after initial completion shall have the right from time to <br />time to ac~6ire additional sewer discharge capacity from the City <br />~ursuant to the then ~pplicable provisions of the Pleasanton <br />Se~.;era~e Code, whether or not there shall then remain any unallo- <br />cased portion of the Original Capacity; provided, however, that <br />the foregoing shall not expand the rights of Properties to obtain <br />additional such capacity beyond those as set forth in Paragraph <br />3(d) above. <br /> <br /> 5. Development Deferment. <br /> <br /> (a) Properties shall not be entitled to obtain any <br /> <br />building permit in respect of the construction of a fourth major <br />deDartment store within the Center prior to July 1, 1986 or to <br />obtain any building permit in respect of the construction of a <br />fifth major department store or any free-standing building in the <br />Censer prior to July 1, 1988. Subject to the foregoing development <br />limitations, Properties shall be permitted to construct enclosed <br />nail, mall store and related improvements in conjunction of the <br />fourth and/or fifth department store in order to Permit an <br />invegrated, first-class addition to the existing Center improvements. <br />li~e fereSoing limitations shall not limit build-out for occupancy <br />cf :}resenu!v unoccupied space within existing improvements owned <br />by Properties in the Center. <br /> <br /> (b} The pro}visions of subparagraph (a) above shall no~ <br />srohibit Pronetries from submitting plans and development proposals <br />for the Center to the City, including, without limitation, sub- <br />di'.'isic}n or parcel mat}s, design review applications, applications <br />for other approvals, or building oermit applications prior to any <br />da~e set forth in subparagraph (a). <br /> <br />-12- <br /> <br /> <br />