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The consensus reached is that the amount of the Park Obligation shall be <br /> $100/employee. <br /> Owner (or Owner's predecessor in interest) is (or was) the owner of property <br /> within the Bernal Corporate Park, which property is bounded on the south by Bernal <br /> Avenue, on the east by Vallley Avenue, by the Arroyo del Valle on the north, and <br /> Interstate 680 on the west, as shown on Exhibit 1 ("the Property"); part of the Property is <br /> improved, part is not. <br /> Based on existing development on the Property and based on $1 00/employee, <br /> Owner's Park Obligation is $162,000; based on future development of the Property and <br /> based on $100/employee, Owner's additional Park Obligation is $147,000. <br /> Owner's total Park Obligation shall be $309,000. <br /> In June, 1981, City entered into an Agreement ("the 1981 Agreement") with the <br /> Owner's predecessor in interest whereby the City agreed to sell Owner's predecessor in <br /> interest 850 Residential Dwelling Equivalents ("RDE's") [or 187,000 gallons/day] of <br /> sewage treatment capacity in connection with the development of what is now called the <br /> Bernal Corporate Park, said capacity to be purchased through seven installment <br /> payments. <br /> The 1981 Agreement also provided that if within certain time frames Owner did <br /> not "draw down" the sewage treatment capacity by obtaining building permits, such <br /> capacity would be returned to the City for reallocation at the City's discretion and that <br /> any funds which the Owner had paid to City for such capacity which was not used would <br /> likewise be forfeited to the City. <br /> Pursuant to the 1981 Agreement, the Owner made three installment payments, <br /> totalling $1,080,764, representing 360 RDE's (or 79,200 gallons/day) of sewage treatment <br /> capacity. <br /> Thereafter, and pursuant to the 1981 Agreement, the Owner drew down only 321 <br /> RDE's (70,645 gallons/day) of sewage treatment capacity. <br /> Due to the City's overestimates of the need for sewage treatment capacity by office <br /> uses, the Owner's draw down of this capacity was significantly more than will be <br /> necessary for the Property in that the buildings on the Property (for which treatment <br /> sewage capacity has been drawn down) are in fact flowing fewer gallons/day than the <br /> 70,645 gallons/day which have been drawn down. <br /> (PARKBAASAMI 2 <br />