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~~ _, ~.~ ~ <br />r <br />DEVELOPMENT DEFERMENT AGREEMENT: <br />Deer Oaks Land Company <br />THIS DEVELOPMENT DEFERMENT AGREEMENT (the "Agreement") is <br />made this 5th day of November,1985, by and between the DEER OARS <br />LAPiD COMPANY, a Joint Venture (hereinafter referred to as <br />"Developer"), and the CITY OF PLEASANT4N, a municipal corporation <br />(hereinafter referred to as "City"). <br />R E C I T A L S <br />A. Developer is the owner of certain property on Foothill <br />Road commonly known as Deer Oaks. Deer Oaks consists of 23 <br />parcels which were created in two phases: Parcel Map 3967 <br />created four lots and Tract No. 4940 created 19 lots. <br />B. The Deer oaks .project was allocated 23 of the 44 sewer <br />permits purchased by and allocated to the Foothill Road Tract <br />pursuant to waiver and Compromise AGreement dated April 22, 1980 <br />and approved by Judge Bostick. <br />C. During a substantial portion of the time that this <br />project has been eligible for development, its development has <br />been impeded by litigation brought about by Lee Henderson, a <br />neighboring land owner. The City rescinded an initial 1981 <br />project approval and reapproved the project PUD in <br />August/September 1982. Again, in October 1984, Mr. Henderson <br />sued the City and the Developer regarding this project approval. <br />That litigation was finally concluded with a judgment against Mr. <br />- 1 - <br />