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as the '~Agreeme~t h'.e Pest~ icti,:~,;~s'~)i and Eec~r,.ted May 25, 1.978, <br /> in Book 5410, Page 39, as i~x~trument No. 78-098529 of the <br /> Official Records of Alameda Count:y, Cal. ifornja. <br /> 4.2 Stoneridge Certificate. City shall deliver <br /> to Foothill a letter or other written statement fro~ Stonerjdf~e <br /> Pr~'~perties. a California limited parunership, (he~e~nafter <br /> referred to as "Stoueridge")~ the "o~er of t'he beneflted <br /> parcel" under the CC&R's, ~n form and content satisfacto~7 <br /> [o Foothill, which certifies as follows: <br /> (a) that the s~te plan attached here~o as Exhibit <br />'~B" has been apDroved by Stoneridge as requfred nnder <br />Sections 3. (A) and i~. (C) of the CC~R~s; <br /> (b) tha~ the si'c~- plan attached hereco as Exhibit <br />"B" provides for sufficient parking to satisfy {-he req~irergents <br />of Section 4 of the Agreement: Re Restrictions. <br /> <br /> 4.3 Letter<s) from City. City shall deliver to <br />Foothill one or more letter(s) stating (a) t_hat the site <br />plan attached hereCo as Exhibit "B" has been anDroved by the <br />City's Planning Department~ (b) treat the ~erjod of tithe for <br />appeal to City Council of such Planning Deoartment a~proval <br />has run, (c) that the Engineering Denart~nent has apDroved <br />the modified ~mprovemec~t plan, and (d) l-hat no fnEther City <br />review or approval ~ha].l be required prior to con~ne~-~ce~nent <br />of reconstruction of the Cen~erpointe parking lot, la~d~caping <br />plan, irrigation system and pedestriar,/bikepa~h a]on~ the <br />realigned Canyon Way as sho~ on Exhibit <br /> <br /> 4.4 Foothill's Conditions. The conditions col'~ained <br />in subsections 4.1 ~ 4.2, and 4.3 above are fo~.' Foothi] 1 ' s <br />t~anefit and, i~ a~y ~r all of said cor~ditions cannot be <br />satisfied, Foothill ~c~a~z elect ~o <br /> <br />terminate Ehis Aooree~i~en c_ <br />to satisfy conditio~s 4 1 <br />is ,anable to satisfy said <br />be null and void. <br /> <br /> City agrees <br /> <br />and 4.2, bur <br />condi tion (s) <br /> <br />the condit.~or~ o-~ <br /> <br />to ~se its best efforts <br />~n the e~rent <br />this Agreement sha] <br /> <br /> <br />