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REIMBURSEMENT AGREEMENT FOR <br /> <br /> TRACTS 5801 & 5802 OFF-SITE IMPROVEMENTS <br /> <br /> THIS'AGREEMENT is entered into at Pleasanton, <br />California, this __day of , 1989, by and <br />between CITY OF PI~ASANTON, Alameda County, California, a <br />municipal corporation ("City") and }r~TRITAGE GARDENS JOINT <br />VENTURE, a California partnership ("Developer") with <br />reference to the following facts. <br /> <br /> A. Developer is the owner of certain real property in <br />the City of Pleasanton, County of Alameda, State of <br />California, commonly known as "Tracts 5801 and 5802," (the <br />"Property"). Developer has obtained City approval of a <br />subdivision map for a 35 unit residential subdivision to be <br />constructed on the Property. <br /> <br /> B. In connection with construction described above, <br />Developer intends to construct or cause to be constructed <br />certain improvements to the Vine Street right-of-way area, <br />which improvements will benefit the Property and other <br />properties more fully described below. <br /> <br /> C. Pursuant to the Subdivision Map Act (California <br />Government Code, Sec. 66410 et seq), Developer is entitled to <br />reimbursement for certain costs of the improvements referred <br />to above. City will inspect and accept said improvements and <br />is willing to administer the reimbursement of costs to <br />Developer as set forth herein. <br /> <br /> NOW, THEREFORE, IT IS AGREED AS FOLLOWS: <br /> <br /> 1. Improvements. <br /> <br /> a. Certain construction work subject to <br />reimbursement to be performed by Developer as shown on <br />approved construction plans, consisting of the approximately <br />220 feet of Vine Street which includes, but is not limited <br />to, curb, gutter, street lighting, sidewalk and 40 foot wide <br />street paving, plus four-(4) driveways and related public <br />improvements, will benefit other properties in addition to <br />the Property. Developer is entitled to recover the costs of <br />such construction work from other properties which benefit <br />from these improvements. The construction work to be <br />performed by Developer and included in the off-site <br />improvements eligible for reimbursement hereunder <br />(collectively, the "Improvements") shall include the work <br />described on Exhibit "A" hereto which shall be performed at <br />an estimated cost as shown thereon. <br /> <br /> b. The reimbursement fee shall be based upon the <br />estimates of construction cost plus 10% overhead included in <br /> <br /> -1- <br /> <br /> <br />