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ATTACHMENT 1 <br /> VALLEY BUSINESS PARK MEDIAN UPGRADE AGREEMENT <br /> This Valley Business Park Median Upgrade Agreement ("Agreement") is executed <br /> on September 18, 2018 by the City of Pleasanton, a municipal corporation ("City") and the <br /> Valley Business Park Owners Association, a California ("Association"). <br /> RECITALS <br /> A. The Association manages the 69-acre Valley Business Park ("VBP") approved by <br /> the City and subject to conditions generally set forth in Ordinance No. 928 and as <br /> subsequently modified for a Planned Unit Development (PUD-80-1 and PUD -80-15M), <br /> including Condition of Approval number 22, which provides that "the applicant enter into an <br /> agreement with the City approved by the City Attorney which guarantees that all <br /> landscaping included in the project shall be maintained in a healthful, attractive, and <br /> weedfree manner. Said agreement shall run with the land for the duration of the existence <br /> of the structures located on the subject property". <br /> B. As provided by the conditions and approvals discussed in Recitals A, above, and <br /> which are incorporated by reference herein, the Association is responsible for the <br /> maintenance and upkeep of the median islands on Valley Avenue between Quarry Lane <br /> and Santa Rita Road. <br /> C. The City and the Association desire to renovate three median islands on Valley <br /> Avenue just east of Santa Rita Road ("the Project"). <br /> D. The Association has insufficient reserve funds to cover the Project cost therefore <br /> requires a $48,000 loan. <br /> E. The City can provide a $48,000 loan to the Association to fund the Project from the <br /> City's Capital Improvement Reserve Fund (CIPR) <br /> NOW, therefore, in exchange for valuable consideration, the receipt of which is <br /> hereby acknowledged, Association and City agree as follows: <br /> 2. Once the City provides the loan and issued the Encroachment Permit, the Association will <br /> have a landscaper begin fieldwork for the Project which will include all of the following <br /> elements; <br /> Area - All three islands along Valley Avenue between Quarry Lane and Santa <br /> Rita. <br /> Phasing - All work would be engaged immediately and would be completed as <br /> 'one project or phase. <br /> • Landscaper will replant the medians per the attached Valley Business Park <br /> (PUD-80-1) Median Landscape Renovations Exhibit dated September 6, 2018. <br /> B. The Association would then be responsible for future maintenance per its Planned Unit <br /> Development (PUD). <br /> 3. Loan for Project Cost. <br />