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WENDEL, LAWLOR, ROSEN & BLACK <br /> ATTORNEYS AT LAW <br />DAVID I WENDEL A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS F~LEASE ~E~LY TO: <br />VICTOR D. ROSEN. INC, TWENTIETH FLOOR CLOROX BUILDING P O BOX 2047 <br /> <br />.o~..~.~,.~ ril 21, 1987 <br />........ RECE!VE <br /> <br /> H~D DELI~D Pleasanton, <br /> <br /> Peter MacDonald <br /> City Attorney <br /> City of Pleasanton <br /> 200 01d Bernal Avenue <br /> Pleasanton, CA 94566-0802 <br /> <br /> Re: North Pleasanton Improvement District No. 3 <br /> <br /> Dear Peter: <br /> <br /> Pursuant to our telephone conversation yesterday, <br /> enclosed please find a revised version of the Kaiser Exclusion <br /> Agreement. <br /> <br /> With regard to the provisions pertaining to the <br /> calculation of the amount of assessments which Kaiser shall <br /> pay to the City in the event that the excluded area or a portion <br /> of the excluded area is sold or unconstructed, we still were <br /> concerned that the wording of item 2(f) on page 4, and item <br /> 3(d) on page 6, did not clearly indicate how the re-assessment <br /> would be calculated. Therefore, we have prepared two versions <br /> of the paragraphs which we believe more accurately reflect <br /> how the calculation shall be applied. Specifically, it seemed <br /> to us that simply leaving the section to state that Kaiser <br /> shall pay a pro rata amount based upon the ratio of excluded <br /> area sold/unconstructed to the total excluded area did not <br /> state what was being pro rated. Therefore, in one version, <br /> I have added the phrase "a pro rata amount of the excluded <br /> assessment based on the ratio of the excluded acreage sold <br /> to the total acreage in the excluded area." (Addition <br /> underlined. ) For example, if three acres were sold, the amount <br /> of assessments to be paid by Kaiser would be: <br /> <br /> 3 acres x $428,448.00 = $176,801.00 <br /> 7.2 acres <br /> <br /> <br />