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REIMBURSEMENT FOR <br />WATER RESERVOIR <br />THZS AGREEMENT is entered into at pleasanton, California, <br />this 18th day of June, 1991, by and between CITY OF PLEA3ANTON, <br />Alameda County, California, and municipal corporation ("City") <br />and WESTBROOlC HOOBING GROIIP ("Developer"), with reference to the <br />following facts. <br />1. Developer is the developer of the Kottinger Ranch II <br />project in the City of Pleasanton. <br />2. In connection with the development of this project, <br />Developer was required to construct a 500,000 gallon water tank <br />to serve Developer's project. <br />3. At City's request, Developer constructed a 750,000 <br />gallon water tank in order to benefit other properties more fully <br />described below. <br />4. The estimated cost to construct the water tank is <br />$338,054 and Developer has paid its contractor to date the sum of <br />$266,676.66. <br />5. Developer has requested that the City reimburse it now <br />in the amount of $88,892.22, which amount represents one-third of <br />Westbrook's costs to date to oversize the tank. <br />NOW, THEREFORE, it is agreed as follows. <br />1. Reimbursement to Developer. City shall reimburse the <br />Developer at this time the sum of $88,892.22. Upon the City's <br />further receipt of construction costs paid by Westbrook for costs <br />related to oversizing the tank, City shall reimburse Westbrook <br />one-third of such amounts provided, however, that the total <br />amount of the reimbursement shall not exceed $112,684.66. <br />2. Benefit Area. The area which will benefit from the <br />oversized water tank (the "Benefit Area") shall include those <br />properties identified on Exhibit "A" attached hereto and <br />incorporated herein by this reference. <br />3. Reimbursement Principle. Each property within the <br />Benefit Area shall be subject to payment of its fair share of the <br />reimbursement costs in accordance with principles consistent with <br />reimbursement provisions in the Subdivision Map Act (Government <br />Code, Section 66485 et seq). Reimbursement shall be based on 120 <br />low density residential units as follows: Lund-70 units; Lin-40 <br />units; and Foley-10 units. Each unit shall pay to the City <br />$939.04. In the event that the final construction costs are <br />different than the estimated cost, or that the actual number of <br />residential units approved is different than that provided <br />herein, or that the approved development is not residential, each <br />