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ATTACHMENT 2 <br />WATER FACILITY REIMBURSEMENT AGREEMENT <br />PONDEROSA HOMES <br />This agreement made and entered into at Pleasanton, California, this day of <br />2008, between Ponderosa Homes ("Developer") and the City of Pleasanton ("City"). <br />WHEREAS, Developer has a residential project (Tracts 7381, 7429 and 7431) within the <br />City of Pleasanton ("the Project"); and <br />WHEREAS, as part of the public improvements for the Project, Developer was required <br />to construct approximately 2750 feet of a 12 inch water line and related improvements; and <br />WHEREAS, pursuant to Government Code Section 66485, the City has authority to <br />require that improvements installed by the Developer for the benefit of a project shall be <br />increased in diameter and/or length for the benefit of property not within the subdivision; and <br />WHEREAS, the logical expansion of the City's water system in this area required the <br />construction of a 16 inch water line to serve this subdivision and the surrounding area; and <br />WHEREAS, Developer, at City's request, installed approximately 2750 feet of a 16 inch <br />water line and related improvements for the benefit of the Project and for property not within the <br />Project area; and <br />WHEREAS, the incremental cost to Developer to install this 16 inch water line and <br />related improvements was $64,963. <br />WHEREAS, this Agreement is intended to provide for the total reimbursement to the <br />Developer for upsizing this water line and related improvements and extending it beyond the <br />Project area; <br />NOW, THEREFORE, in consideration of the faithful performance of the promises, <br />terms, conditions and covenants set forth herein, the parties hereto agree to as follows: <br />1. City shall reimburse Developer $64,963, which amount is the incremental cost for the <br />Developer to have installed the improvements described herein. City shall pay this amount to <br />Developer within 30 days of the date of this Agreement. <br />The parties hereto affix their signatures to this Agreement as of the date and year first written <br />above. <br />CITY OF PLEASANTON <br />By: <br />Nelson Fialho <br />City Manager <br />