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' ~ ~ Page 3 of 15 , <br />Whereas, Proposed Assignee shall assume a l of 'Owner's <br />rights,.interest, and obligations under this Agreement upon <br />conveyance of Title; and <br />Whereas, it is Proposed Assignee's intention to develop <br />a-high quality general business park .oriented ,to light <br />...industrial and electronic. uses .comparable to Proposed Assignee's <br />Moffett Park ,and Oak Creek Business Park developments in Santa <br />Clara. County; and <br />Whereas., Proposed Assignee has retained Bissell and Karn, <br />Inc., Civil Engineers, as projectengineers and has developed a <br />"Preliminary Tentative Map" for the subdivision and construction <br />of public improvements on Owner's property. Said "Preliminary <br />Tentative Map" is attached hereto as Exhibit "D", and made a <br />part hereof by reference; and <br />Whereas, the expansion of the LAVWP~IA:and DSRSD facilities <br />will not provide adequate sewer capacity to serve Proposed <br />Assignee's development, it being Proposed Assignee'sestimate <br />that said development .will require a minimumsewer service of <br />3,000-4,-000 gallons per day per net acre in said development;and <br />Whereas, Owner and City agree that based on the development <br />plans for the: property as set .forth herein to be completed by <br />Owner's Proposed Assignee, it is in the best interest of the <br />parties hereto to amend, replace,.and supersede the terms and <br />conditions of .that certain Agreement attached hereto as <br />Exhibit ~~~~~ <br />T10W, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: <br />1. OBLIGATIOi1S OF OWNE?t. .For and in consideration of <br />the sights and interest granted Owner by City hereunder, .Owner <br />.covenants and agrees to: <br />-3- <br />