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. ~ u~_, ~ • <br />AGREEMENT <br />THIS AGREEMENT is made and entered into on the / ~ day <br />of January, 1984, by and between HOLIDAY INNS, INC., a Tennessee <br />corporation (the "Developer"), and the CITY OF PLEASANTON, a <br />municipal corporation (the "City"). <br />RECITALS <br />A. Developer is the owner of real property in the City of <br />Pleasanton described in Exhibit "A", attached to this agreement <br />and made a part of it by reference, which consists generally of <br />a 5.09 acre site located at the northwest corner of Dublin <br />Canyon Road and Foothill Road (the "Property"). <br />B. Developer has received development plan approval <br />(PUD-83-7, Ordinance No. 1094) for a six-story hotel on the <br />Property subject to numerous conditions (the "Project"). <br />C. Prior to approving the Project, City adopted a <br />Mitigated Negative Declaration in which certain measures were <br />mutually agreed upon by City and Developer so as to avoid <br />potential significant adverse impacts, including (1) financial <br />participation by Developer in certain water and fire service <br />studies and (2) agreement to participate in assessment districts <br />or other funding mechanisms for certain water and fire service <br />improvements, both to be done prior to the issuance of a <br />building permit for the Project, and this agreement has been <br />incorporated in the Project conditions. <br />D. The water and fire service studies required have been <br />completed, but the final cost and method of allocating the cost <br />