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ATTACHMENT 1 HACIENDA LANDSCAPE RENOVATION PROJECT AGREEMENT This Hacienda Landscape Renovation Project Agreement ("Agreement") is executed on by the City of Pleasanton, a municipal corporation ("City") and the Hacienda Business Park Owners Association, a California ("Association"). RECITALS a) The Association manages the 833-acre Hacienda Business Park ("HBP") approved by the City and subject to conditions generally set forth in Ordinance 1040 (PUD-81-30) and as subsequently modified for Planned Unit Developments through Ordinances 1325, 1596, 1637, 1641, 1707, and 1762, including Condition of Approval number 42, which provides that "the applicant enter into an agreement with the City approved by the City Attorney which guarantees that all landscaping included in the project shall be maintained in a healthful, attractive, and weed free manner. Said agreement shall run with the land for the duration of the existence of the structures located on the subject property". b) As provided by the conditions and approvals discussed in Recitals A, above, and which are incorporated by reference herein, the Association is responsible for the maintenance and upkeep of the landscaping in the HBP. c) The City and the Association desire to restore the landscape character of HBP through replacing plants, increasing planting density, replacing lost tress and replacing high water consuming groundcovers with shrubs that have lower water need ("the Project"). d) The Association has insufficient reserve funds to cover the Project cost therefore requires a $732,548 loan. e) The City can provide a $732,548 loan to the Association to fund the Project from the City's Downtown and North Pleasanton CIP Reserve Fund' reserve fund. NOW, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, Association and City agree as follows: 1) Once the City provides the loan and issues the Encroachment Permit, the Association will have a landscape contractor begin fieldwork for the Project which will include renovation of the landscape within Hacienda on: a) Hacienda Drive b) Hopyard Road c) Owens Drive d) Santa Rita Road e) Stoneridge Drive f) West Las Positas Blvd. g) Linear Park 1 The Downtown and North Pleasanton Reserve Fund is comprised of unused bond proceeds from the North Pleasanton Improvement District.