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.. I , _ <br />~a <br />DEVELOPMENT DEFERMENT AGREEMENT: <br />Deer Oaks Land Company <br />THIS DEVELOPMENT DEFERMENT AGREEMENT (the "Agreement") is <br />made this ~_ day of ~~ ZtEiL 1985 by and between the <br />e <br />DEER OAKS LAND COMPANY (hereinafter referred to as "Developer"), <br />and the CITY OF PLEASANTON, a municipal corporation (hereinafter <br />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. Two of the 23 sewer permits have been used in <br />conjunction with the issuance of building permits within the Deer <br />Oaks project. There are 21 remaining unused sewer permits. <br />D. 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 The City rescinded an initial 1981 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 />- 1 <br />