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City of Pleasanton
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2017
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071817
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/18/2017
DESTRUCT DATE
15Y
DOCUMENT NO
12
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ATTACHMENT 7 <br /> REIMBURSEMENT AGREEMENT <br /> FOR <br /> PUBLIC WATER LINE, SEWER LINE,AND RELATED IMPROVEMENTS <br /> Ponderosa Homes— Tract 8317, Rose Avenue Estates <br /> This Reimbursement Agreement for Public Water Line, Sewer Line, and related Improvements <br /> ("Agreement") is entered into at Pleasanton, California, on , 2017 between the City of <br /> Pleasanton, a general law city, ("City")and Ponderosa Homes I1, Inc., a California corporation <br /> ("Developer"). <br /> Recitals <br /> A. Developer is the owner, or is developing with permission of the owner,that certain real <br /> property located in the City of Pleasanton, County of Alameda, State of California,commonly known as <br /> 1851 Rose Avenue(the "Property"). The City has approved a planned unit development, PUD-99, <br /> rezoning for a 19-lot subdivision in two phases for the Property(the"Project"). <br /> B. In connection with the development of the Property, and as a condition of approval for the <br /> Project, Developer installed and relocated a water line and sewer line and other related infrastructure as <br /> more fully depicted on the plans titled Improvement Plans Off-Site—Sewer and Water Improvements <br /> prepared by Ruggeri-Jensen Azar and dated May 2017 and incorporated by this reference(collectively, <br /> "Improvements")that will benefit the Property and other nearby properties as more fully described below. <br /> C. Pursuant to the Subdivision Map Act(Government Code §66410, et seq.)and the Conditions <br /> of Approval for the Project, Developer is entitled to reimbursement for that portion of the costs of the <br /> Improvements, including amounts attributable to interest and administration costs, in excess of the <br /> construction costs required for the Project("Reimbursable Costs"). City agrees to administer the <br /> reimbursement of costs to Developer as set forth in this Agreement. <br /> NOW, THEREFORE, in exchange for valuable consideration, it is agreed as follows: <br /> Section 1. Benefited Properties. <br /> The Improvements installed by Developer will benefit other properties("Benefited Properties") <br /> and existing City infrastructure in addition to the Property. The Benefited Properties include those <br /> properties listed in Exhibit A attached and incorporated by this reference. Pursuant to §66486, et seq. of <br /> the Subdivision Map Act, Developer is entitled to recover the Reimbursable Costs of the Improvements <br /> from the property owners of the Benefited Properties. <br /> Section 2. Reimbursable Costs. <br /> The costs for the construction of the Improvements and other related items are set forth in <br /> Exhibit B. Reimbursement from the Benefited Properties shall be based upon the costs in <br /> Exhibit B. <br /> Section 3.Ownership of Improvements. <br /> Developer has dedicated the Improvements and City has accepted the Improvements. <br /> Developer has the right to connect to and use the Improvements in accordance with City <br /> regulations and the right to reimbursement for the Reimbursable Costs for the Improvements, as <br /> 1 <br />
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