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Reimbursement Agreement between City and Applied Biosystems Page 2 of 5 Section 1. Improvements. (a) The improvements required by Developer as a condition of its Project are set forth in the "Street Improvement Plans for Construction in Alameda County in Pleasanton at Sunol Boulevard" designed by Brian Kangas Foulk, dated March 18, 2002, a copy of which is available in the office of the City Engineer. (b) Improvements that benefit other properties which were completed by Developer include widening and enhancing Sunol Boulevard between I-680 and Junipero Street, ("Reimbursable Improvements"). (c) City has accepted for normal maintenance those public improvements completed by Developer (Reimbursable Improvements). Section 2. Benefited Properties. The properties benefited by the Improvements are shown on the attached Exhibit A and listed on the attached Exhibit B ("Benefitted Properties"). Section 3. Reimbursable Amount. (a) The estimate of costs for the Reimbursable Improvements as set forth in Exhibit C, which shall not include any Developer's markup. (b) The approved total statement of costs for the Reimbursable Improvements is the "Total Reimbursable Amount" for the Benefitted Properties to determine the pro-rata "Reimbursable Fee" as set forth in Exhibit C. Section 4. Reimbursement. (a) Unless otherwise agreed to by the City, before an owner of one of the Benefitted Properties ("Property Owner") records a parcel map or final map, or receives a building permit for new construction to redevelop or makes substantial improvements to their property (in excess of 50 percent of present day value of the property), whichever occurs first, the Property Owner shall pay the pro-rata Reimburseable Fee.