HEINZ, ROBERT AND SHAREN - DEVELOPMENT AGRMNT

08/08/02 10:49 FAX 925 184 8234. CITY - PLEASANTON 1 1 008/022 (ii) Costas Property: assigned a cost share assuming a six -lot subdivision contributing to all Specific Plan shared infrastructure improvements. The final share will be based on the number of lots actually approved. Payment of the total lot share will be due at the time a final map is filed for approval. (iii) City Fire Station No. Five: assigned a total cost share equal to two EDU's of the sewer improvements. This share will be due at the time of construction of the Part 4 shared sewer improvements. (iv) Any other out -of -area project determined to benefit from Specific Plan Area shared infrastructure improvements shall have the determination of this benefit made at the time of project approval. following the assumptions /coefficients used in the Specific Plan for such determination. Example 4A. Developer A of Lot 28 proposes to develop 15 new lots, 3 fewer than allocated in the Specific Plan. Developer A will nonetheless pay the shared cost for thel8 lots permitted in the Specific Plan. Financing Program #S. In the event a modification to the Specific Plan is made (or a new out -of -area contributor's share is determined) which affects the total number of EDUs for any of the shared infrastructure improvements, Table 2 shall be modified to include the new total EDUs which shall be used to calculate all subsequent Lot cost shares. . Example SA. Assume the Foley Property seeks development approval and is approved for 10 units. Further assume these units connect to Specific Plan sewers and realigned Vineyard Avenue, but use Ruby Hill- installed water mains. The Foley Property project would pay a share of sewer main costs equal to 10 EDUs, would have its road costs (EDUs) determined either as a Specific Plan project or similar to Ruby Hill, and would not pay for Plan Area water costs. Other infrastructure improvements would be determined similarly. Financing Financing Program #6. Modifications to the cost shares shall operate prospectively only. Once payment of the fee or construction of improvements in lieu of fee payment has been completed, the fee as to that Lot shall not be recalculated, whether the total cost share increases or decreases. Example 6A. Lot 4 develops 7 lots in June, 2000, paying its total fee. In October, a modification to the Specific Plan allows a restaurant /shopping complex on Lot 28. Adjustments to account for the intensified use reduce the per unit cost by 52, 000 /unit. Neither the Lot 4 developer nor succeeding property owners of Lot 4 parcels is entitled to a rebate of 510, 000. The per unit cost recalculation is made for future uses only, and only future uses would benefit. 5