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AGREEMENT CONCERNING USE OF FEES <br /> <br /> THIS AGREEMENT is made August 16, 2005 between the City of Pleasanton ("City") <br />and Centex Homes ("Centex") concerning the use of certain fees. <br /> <br /> RECITALS <br /> <br /> A. Centex is the developer of Tract 7385 in the City of Pleasanton, (the Property) which <br />property is part of the Vineyard Avenue Corridor Specific Plan. <br /> <br /> B. The Property was subject to a Williamson Act contract, which contract was <br />tentatively cancelled by City on December 7, 2004. <br /> <br /> C. By reason of the cancellation of the contract, Centex, unless the fees are waived by <br />City and by the State Resources Agency, is obligated to pay a cancellation fee of $562,500. <br /> <br /> D. Located in the vicinity of Tract 7385 is an asphalt plant, operated by Granite <br />Construction. <br /> <br /> E. City has had discussions with Granite Construction about the feasibility and timing of <br />moving the asphalt plant. <br /> <br /> F. Centex has also discussed with City the possibility of enhancing the energy efficiency <br />of thc homes within Tract 7385. <br /> <br /> G. Centex has prepared for City's approval the final map for Tract 7385. <br /> <br /> NOW THEREFORE, in consideration of the following promises, the parties agree as <br />follows: <br /> <br /> 1. Centex promptly shall pay to City $562,500 as the cancellation fee for the Williamson <br />Act contract that was on the Property and, within thirty days thereafter, City shall complete the <br />final cancellation of the Williamson Act contract. <br /> <br /> 2. Centex shall also promptly deposit with the City $500,000 to be used as provided <br />herein. <br /> <br /> 3. If, following cancellation of the Williamson Act contract, City agrees to waive the <br />Williamson Act cancellation fees, City and Centex promptly shall request the State P~esources <br />Agency also to waive such fees. <br /> <br /> <br />