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WHEN RECORDED, RETURN TO: <br /> " City Attorney ~-267815 <br /> , P. O. BOx 520 <br /> Pleasanton, CA 94566 ~ <br /> <br /> THIS IN LIEU PARKING AGREEMENT is entered into this o~d day <br /> of ~b~ , 1985, by and between the CITY OF PLEABANTON, a <br /> municipal corporation ("City"), and LARRY OSBORNE and FRANK <br /> MENDICINO (collectively referred to as "Developer"). <br /> <br /> RECITALS <br /> <br /> A. Developer owns certain real property located in the City <br /> of Pleasanton, County of Alameda, State of California, consisting <br /> of approximately 0.10 acres at the northeast corner of Peters <br /> Avenue and Rose Avenue ("Property"). The Property is more <br /> particularly described in Exhibit A, attached hereto. <br /> <br /> B. Developer intends to improve the Property by <br /> constructing an approximately 3,568 sq. ft. office project <br /> ("Project"). <br /> <br /> C. Developer is unable to provide on the Property all o~ <br /> the off-street parking required by the Ordinance Code of the City <br /> of Pleasanton, and Developer desires to fulfill its obligation to <br /> provide parking facilities for the Project under the terms of <br /> this agreement. <br /> Section. 18.88.120 of the Municipal <br /> ~City and Developer enter this agreement pursuant to <br /> Section 2 9 22 ^~ Art~^ ~= m~^ TT ^~ ~^ Ordinance Code of <br /> the City of Pleasanton which requires Developer to deposit funds <br /> with the City to be used exclusively for acquiring, developing <br /> and maintaining off-street parking facilities available to the <br /> general public and located in an area benefiting the Project. <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants and <br /> promises contained herein, the parties agree as follows: <br /> <br /> 1. Area of Benefit. The area of benefit ("Area of <br /> Benefit") shall be generally that portion of the central business <br /> district and adjacent lands located no more than three blocks <br /> from the Property. The Area of Benefit is more particularly <br /> shown on Exhibit B, attached hereto. <br /> <br /> 2. In Lieu Payment. Developer and City agree that the <br /> dollar amount necessary to provide off-street parking facilities <br /> within the Area of Benefit is Three Thousand Eight Hundred <br /> Seventy-five Dollars ($3,875.00) per parking space. Based on the <br /> presently contemplated uses of the Project, Developer is43a%~ae four <br />(4) (3) spaces short of the minimum number of off-street parking <br /> spaces required by City, and Developer shall meet its minimum <br /> off-street parking requirement by making an in lieu payment of <br /> .leven Thc'~=~d Six IIund~e~ Twenty five Dollars ~j. II~625..0~). <br /> ~Fiftee~'~%usand Five Hundred Dollars ($15,50 00). <br /> 3. Future In Lieu Payment. If at some time in the future <br /> Developer wishes to utilize the Project for a more <br /> <br /> - 1 - <br /> <br /> <br />