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Page 3 of 15 <br /> <br />Whereas, Proposed Assignee shall assume all of Owner's <br /> <br />rights, interest, and obligations under <br />conveyance of Title; and <br /> <br /> Whereas, it is Proposed Assignee's <br /> <br />this Agreement upon <br /> <br />intention to develop <br /> <br />a high quality general business park oriented to light <br />industrial and electronic uses comparable to Proposed Assignee's <br />Moffett Park and Oak Creek Business Park developments in Santa <br />Clara County; and <br /> <br /> Whereas, Proposed Assignee has retained Bissell and Karn, <br />Inc., Civil Engineers, as project engineers and has developed a <br />"Preliminary Tentative Map" for the subdivision and construction <br />of public improvements on Owner's property. Said "Preliminary <br />Tentatiye Map" is attached hereto as Exhibit "D", and made a <br />part hereof by reference; and <br /> <br /> Whereas, the expansion of the LAV~ and DSRSD facilities <br />will not provide adequate sewer capacity to serve Proposed <br />Assignee's development, it being Proposed Assignee's estimate <br />that said development will require a minimum sewer service of <br />3,000-4,000 gallons per day per net acre in said development;and <br /> <br /> Whereas, O~aer and City agree that based on the development <br />plans for the property as set forth herein to be completed by <br />O~mer's Proposed Assignee, it is in the best interest of the <br />parties hereto to amend, replace, and supersede the terms and <br />conditions of that certain Agreement attached hereto as <br />Exhibit "A"o <br /> <br /> NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: <br /> <br /> 1. OBLIGATIONS OF O~qE~. For and in consideration of <br /> <br />the rights and interest <br />covenants and agrees to: <br /> <br />granted Owner by City hereunder, Owner <br /> <br />-3- <br /> <br /> <br />