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EXHIBIT B <br />AGREEMENT CONCERNING WATER TANK AT 481 SYCAMORE ROAD <br />THIS AGREEMENT is made January _, 2009 between Janny Rocha (Rocha), <br />Phillip and Joanna Segundo (Segundo), and the City of Pleasanton (City) concerning <br />the relocation of a water tank at 481 Sycamore Road, Pleasanton, California. <br />Recitals <br />A. Rocha is the owner of real property located at 481 Sycamore Road, <br />Pleasanton, California. <br />B. Segundo is the owner of real property located at 455 Sycamore Road, <br />Pleasanton, California. <br />C. A 10,000-gallon redwood water storage tank had been located on the Rocha <br />property. <br />D. In 2008, Rocha replaced the 10,000-gallon tank with a new 5,000-gallon <br />polyurethane green tank at a different location than the 10,000-gallon tank in order that <br />the new tank be located closer to the well on the Rocha property. <br />E. After the new tank was constructed, Segundo objected to its placement on <br />aesthetics grounds and because Rocha had not obtained a conditional use permit from <br />the City for the tank's relocation. <br />F. Thereafter, Rocha applied to the City for a conditional use permit for the new <br />tank. <br />G. On April 9, 2008, the Planning Commission conditionally approved the use <br />permit. <br />H. Segundo timely appealed the Planning Commission's decision to the City <br />Council. <br />I. On August 19, 2008, the City Council conducted a public hearing on the <br />Segundo appeal; at the conclusion of that public hearing the City Council directed that <br />City staff work with Rocha and Segundo and determine if a compromise could be <br />reached. <br />J. City staff met with Rocha and Segundo on numerous occasions in an effort to <br />find compromise. <br />K. That compromise has now been reached, and the parties wish to put the <br />compromise into a binding agreement. <br />