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REIMBURSEMENT AGREEMENT <br />PE Corporation (NY) -- Applied Biosystems <br />THIS AGREEMENT ("Agreement") is entered into this day of <br />2007, by and between the CITY OF PLEASANTON, a <br />municipal corporation ("City"), and PE CORPORATION (NY) through its Applied <br />Biosystems Group, a New York corporation ("Developer") for reimbursement for <br />improvements to Sunol Boulevard. <br />RECITALS <br />A. Developer is the owner of an approximately eighty (80) acre parcel of real <br />property commonly known as 6001 Sunol Boulevard, Pleasanton, California, <br />("Property"). <br />B. On July 18, 2001, pursuant to Ordinance No. 1808, the City Council approved a <br />planned unit development (PUD 98-07) for the Property which was submitted by <br />prior owners, Kaiser Aluminum and Chemical Corporation; and the conditions of <br />PUD 98-07 continue to apply to the Property (see PUD-16 Condition #2). <br />C. On December 4, 2001, pursuant to Resolution No. 01-121, the City Council <br />approved a Planned Unit Development final plan (PUD-16) allowing Developer <br />to construct an approximately 960,000 square foot office and research campus, <br />and related tree removal and grading plans, on the Property ("Project"). <br />D. As part of the Project, Developer has constructed, improvements to Sunol <br />Boulevard as set forth in the "Street Improvement Plans for Construction in <br />Alameda County in Pleasanton at Sunol Boulevard" designed by Brian Kangas <br />Foulk, dated March 18, 2002, a copy of which is available in the office of the City <br />Engineer, and pursuant to a Public Improvement Agreement between the parties <br />dated June 18, 2002. <br />E. To the extent that some portions of the improvements exceed the Project's <br />requirements and benefit properties in the vicinity, the City has agreed to attempt <br />to seek reimbursement from these properties when these properties develop, <br />subdivide or redevelop as set forth below. <br />NOW, THEREFORE, in exchange for mutual consideration, the receipt and value <br />of which is acknowledged, the parties agree as follows: <br />