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WHEREAS, mitigating measures included (1) financial <br /> participation by Developer in certain studies and (2) agree- <br /> ment to participate in assessment districts or other funding <br /> <br />.mechanisms for certain improvements, both to be done prior <br /> to the issuance of a building permit on the project site; <br /> and <br /> <br /> ~tEREAS, the studies required are currently ~nderway, <br /> <br /> but the final cost and method of allocating the cost among <br /> several projects has not yet been determined, it being the <br /> City's desire to spread the total cost of the studies fairly <br /> among participating projects; and <br /> <br /> WHEREAS, Developer desires to secure building permits <br /> <br /> for the above-referenced project as soon as possible, prior <br /> to the completion of, and determination of the financing of, <br /> the studies required; and <br /> <br /> WHEREAS, City may adequately protect its interest in <br /> securing payment for the studies through this agreement and <br /> finds that it is in the public interest to allow Developer <br /> to proceed in advance of their completion. <br /> <br /> N~, THEREFORE, City and Developer hereby agree as <br /> follows: <br /> <br />I. TRAFFIC FACILITIES <br /> <br /> Developer agrees to place the project site into an <br /> <br /> assessment district or districts for the construction of all <br /> of the facilities necessary for the amelioration of traffic <br /> congestion caused by development of the subject property <br /> including its direct and cumulative traffic impact. Facilities <br /> may be those described in the North Pleasanton Traffic <br /> <br />-2- <br /> <br /> <br />