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~' <br />• <br /> <br />ALTERNATIVE TRAFFIC MITIGATION MEASURES AGREEMENT <br />Febc'~~r <br />THIS AGREEMENT is made and entered into on the ~ day of ~~ 998, by and <br />between C.M. CENTERPROP, INC., a California Corporation, ("Property Owner") and the <br />CITY OF PLEASANTON, a municipal corporation ("City"). <br />RECITALS <br />A. Property Owner is the owner of real property ("the Subject Property") in the City <br />of Pleasanton, which property is located at 5050 Hopyard Road, Pleasanton, California. <br />B. The Subject Property has a conditionally approved planned unit development <br />(PUD) plan, which plan (PUD-80-16-3M) has been approved by the Pleasanton City Council. <br />C. Certain conditions of approval for PUD-80-16-3M require that the Property <br />Owner pay its fair share of any alternative traffic mitigation measures designed to mitigate <br />long-term traffic Levels-of-Service (LOS) on north Pleasanton freeway interchanges, streets, <br />and/or intersections with or without the I-680/West Las Positas Boulevard freeway interchange. <br />D. The cost of such measures, and the Property Owner's fair share thereof, are not <br />known at this time. <br />NOW, THEREFORE, in consideration of the following promises, the parties agree as <br />follows: <br />1. Property Owner's Obli ag tion. The Property Owner shall pay its fair share of any <br />alternative traffic mitigation measures designed to mitigate long-term traffic Levels-of-Service <br />(LOS) on north Pleasanton freeway interchanges, streets, and/or intersections with or without the <br />I-680/West Las Positas Boulevard freeway interchange. <br />2. No Guarantee. City does not guarantee that existing LOS standards will be <br />maintained in perpetuity and does not guarantee that it will be responsible for keeping north <br />Pleasanton streets, intersections, and freeway entrance/exit ramps at LOS "D" or better. <br />3. Notice. Any notice and communication required or provided for under this <br />Agreement shall be given in writing and sent by first class mail to the following addresses: <br />CITY: City Manager <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />(Agreement\CMCENTERsam) <br />