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PUBLIC IMPROVEMENT AGREEMENT <br /> <br /> CONSTRUCTION OF FOOTHILL ROAD PIPELINE AND <br /> FOOTHILL ROAD BOOSTER STATION NO. 2 <br /> <br /> THIS AGREEMENT is made and entered at Pleasanton, California <br /> <br />on the day of , 1985 by and between: <br /> <br /> THE PRUDENTIAL INSURANCE COMPANY OF AMERICA <br /> 4637 Chabot Drive, Suite 203 <br /> Pleasanton, California 94566 <br /> <br />(hereinafter referred to as "Developer") and the CITY OF <br />PLEASANTON, a general law city, located in Alameda County, <br />California, (hereinafter referred to as "City"). <br /> <br /> RECITALS <br /> <br /> A. There is significant proposed and approved industrial/ <br />commercial growth in North Pleasanton. In order for existing <br />development and additional such growth to have adequate water, <br />there must be improvements to the City's water system, including <br />the addition of 1) Foothill Road pipeline from Stoneridge Drive <br />to Racoon Court including Muirwood Drive South pipeline from <br />Foothill Road to Fallwood Court; and 2) Foothill Road Booster <br />Station No. 2. <br /> <br /> B. The parties contemplate that Foothill Road pipeline and <br />Foothill Road Booster Station No. 2 and related water system <br />improvements will be included in an assessment district ("North <br />Pleasanton Water Improvement District"). <br /> <br /> C. Prudential is the owner of lands within the area to be <br />served by the proposed Foothill Reservoir and Foothill Road <br />pipeline and Booster Station No. 2 is a part of the system, <br />including, specifically, Parcels 1, 5-15, 18-27, 31-33, and 35-36 <br />of Parcel Map 3858. Prudential has volunteered to provide <br />funding in advance of the formation of the North Pleasanton Water <br />Improvement District to accelerate the construction of the <br />Foothill Road pipeline and Foothill Road Booster Station in order <br />that development of its proposed project can proceed <br />expeditiously, subject to Prudential obtaining necessary <br />governmental approval. <br /> <br /> D. The preliminary design of Foothill Road pipeline and <br />Foothill Road Boos'ter Station was completed by contract between <br />the City and Camp, Dresser & McKee, Inc. dated November 9, 1982. <br />The City was reimbursed by Prudential for the cost of the <br />preliminary design pursuant to an agreement dated December 6, <br />1982. - <br /> <br /> - 1 - <br /> <br /> <br />