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ATTACHMENT 1 REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF ALVISO ADOBE PARK ENTRANCE AND PARKING LOT AND RELATED UTILITIES This REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF ALVISO ADOBE PARK ENTRANCE AND PARKING LOT AND RELATED UTILITIES (the "Agreement") is entered into this 15th day of April, 2008, between the City of Pleasanton, a municipal corporation (the "City") and Austin Briggs Investments ("Austin"). RECITALS A. City approved an application from Austin (PUD 58 and PGPA-11) on October 17, 2006, for development of 8 lots and the associated improvements ("Austin Project"). The Planning Commission approved a tentative map (Tract 7813) for the Austin Project on May 23, 2007. A key element of the Austin Project is the entrance road; the road will serve the Austin Project and the City's Alviso Adobe Park. B. Austin has agreed to construct the shared entrance road as well as various other improvements for the City's Alviso Adobe Park. Pursuant to this Agreement, the City will reimburse Austin for the improvements related to the Alviso Adobe Park. C. Austin will arrange for Westbrook Development Company, Inc., a licensed general contractor, to obtain bids, review bids with the City, issue contract documents, and provide supervision during construction, subject to the City reimbursing Austin for certain costs associated therewith, as provided by this Agreement. Westbrook Development Company, Inc. ("Westbrook") will be the general contractor and authorized agent for Austin. NOW, THEREFORE, the parties agree as follows: 1. Improvements. Austin shall cause to be constructed the Improvements based on the plans prepared by Alexander & Associates, Civil Engineers ("Alexander") and approved by the City Engineer and dated 22 January 2008, plans prepared by PGA Design, Inc. ("PGA"), Landscape Architect, and approved by the City Engineer and dated 08 May 2008 for the Alviso Adobe project. The Improvements include, but are not limited to, the entrance road, widening of southbound Foothill Road to include a bus stop and right turn lane and revisions to existing median island, striping to construct a left turn lane at northbound Foothill Road, storm drainage improvements and water and sewer utility lines, and landscape improvements within the limits of work shown on Exhibit A (collectively the "Improvements") and Exhibit B (the Contractor's bid). Austin's contract with Westbrook shall require that Westbrook obtain and provide to the City Engineer bids from three (3) subcontractors for each element of the work, unit prices for the work, and either the percentage or hourly rate for Westbrook. 2. Time for Completion. Time is of the essence in the performance of the terms and conditions of this Agreement. Construction is scheduled to commence on 16 Apri12008, and shall be completed within 90 working days. Austin acknowledges that no work, delivery of materials, or activities may occur at the construction site other than Monday through Friday from