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10
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2012
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071712 Special Meeting
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10
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7/16/2012 12:23:28 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/17/2012
DESTRUCT DATE
15Y
DOCUMENT NO
10
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Benefitted Property is developed, the homes thereon will connect to the City's water and sewer <br />systems through the Improvements. <br />Section 2. Reimbursable Costs. Reimbursable Costs shall be the costs in the approved <br />Statement of Costs, plus interest, as provided in this Section. <br />A. Statement of Costs. An estimate of costs for the construction of the Improvements <br />and other related items is set forth in Exhibit B. Within thirty (30) days after completion of the <br />Improvements, Developer shall submit to the City Engineer of the City ( "City Engineer ") the <br />actual costs of the construction work and related items incurred for the Improvements, certified <br />by Developer ( "Statement of Costs "). Thereafter, the City Engineer shall review the Statement <br />of Costs for appropriateness to determine if any item in the Statement of Costs is inappropriate or <br />excessive, and ask that the item may be adjusted accordingly. Developer shall be notified in <br />advance of any such adjustment. If the item cannot be resolved to the satisfaction of both the <br />City Engineer and the Developer, the City Manager of the City ( "City Manager ") shall make the <br />final determination as to permissible costs. Reimbursement from the Benefited Properties shall <br />be based upon the Statement of Costs as approved by the City Engineer or as finally approved by <br />the City Manager. <br />B. Interest. Simply interest shall accrue annually, on the date of the City's acceptance of <br />the Improvements, on the approved Statement of Costs. The interest rate shall be the Bank of <br />America prime rate, or a similar reference rate if that rate is not available. Interest is not due or <br />payable until reimbursement is required as set forth in Section 4, below. <br />Section 3. Ownership of Improvements. Pursuant to that certain Subdivision Agreement <br />between City and Developer dated , as thereafter amended, Developer shall dedicate <br />the Improvements to the City upon their completion, and City shall own the Improvements after <br />they are accepted by the City. Thereafter, Developer shall have the right to reimbursement for <br />the Reimbursable Costs for the Improvements, as provided herein. <br />Section 4. Reimbursement. Upon completion of the Improvements by the Developer and <br />acceptance by the City, the City shall administer the collection of the Reimbursable Costs from <br />any person(s) connecting: (a) the existing home on the Benefitted Property if that existing home <br />has been substantially increased in size; (b) a new home(s) to the Improvements from the <br />Benefitted Property upon the subdivision of the Benefitted Property during the term of this <br />Agreement, and transmit those amounts to the Developer pursuant to this Agreement. Each <br />home connecting to the Improvements from the Benefitted Property as described in this section <br />shall be charged one -fourth (1/4) of the total Reimbursable Costs and one -fourth (1/4) of the <br />interest accrued to that time. The Reimbursable Costs collected by City pursuant to this <br />Agreement shall be distributed one hundred percent (100 %) to Developer. <br />Section 5. Time and Manner of Disbursement. Disbursement of Reimbursable Costs shall be <br />within thirty (30) days of the City's collection of the same. <br />Developer hereby directs that any Reimbursable Costs due to Developer pursuant to this <br />Agreement shall be payable to Toll Bros., Inc and mailed to: <br />2 <br />
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