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RES 89294
City of Pleasanton
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1980-1989
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1989
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RES 89294
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5/11/2012 4:51:12 PM
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11/24/1999 12:30:12 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/18/1989
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2. Ownership by City. Pursuant to the Subdivision Agreement <br />between City and Developer, ownership of said work shall vest in <br />the City, with Developer having the right to connect or right to <br />use said Improvements in accordance with City regulation, and the <br />right to reimbursement as provided below. <br /> <br /> 3. Benefit Area. The area which will benefit from the <br />Improvements (the "Benefit Area") shall include those properties <br />as described in Exhibit "B" attached hereto and incorporated <br />herein by this reference. <br /> <br /> 4. Reimbursement Principle. Each property within the <br />Benefit Area shall be subject to payment of its fair share of the <br />Improvement 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 <br />ninety six (96) residential units. Each unit shall pay 1.042% of <br />the costs. It is expected Golden Eagle shall connect 68 units to <br />the subject reservoir. Reimbursement to developer shall be based <br />on 28 future residential units connecting to this reservoir or <br />29.18% of the construction and engineering costs to be allocated <br />to future development. <br /> <br /> 5. Establishment of Fee. <br /> <br /> a. City shall collect a reimbursement fee for the <br />Improvements, calculated and adjusted as provided in Paragraphs 1 <br />and 4 of this Agreement. <br /> <br /> b. An annual interest charge, at the legal rate as <br />specified in the Code of Civil Procedure, 685,010 (currently ten <br />percent (10%) per annum) shall be added to such fee for each <br />calendar year in August, beginning with August, 1990. <br /> <br /> C. After ten (10) years has passed, this Reimbursement <br />Agreement shall terminate. <br /> <br /> 6. Time of Collection. The City will require payment from <br />landowners in the Benefit Area. Reimbursement fees will be <br />required as a condition of tentative map approval and/or zoning <br />approval or prior written agreement. The City will collect the <br />reimbursement fees in conjunction with the approval of any final <br />or parcel map for buildable lots or upon issuance of a new <br />residential and building permit for any property within the <br />Benefit Area, or by prior written agreement, whichever comes <br />first. <br /> <br /> 7. Time and Manner of Disbursement. <br /> <br /> a. Disbursement by City to Developer shall be made <br />within sixty (60) days of the date of collection of any <br />reimbursement fee. <br /> <br /> - 2 - <br /> <br /> <br />
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