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AGREEMENT <br /> <br />THIS AGREEMENT is made and entered into on the ) da <br /> y <br /> <br /> (the '"~ner") and the <br /> <br />CI'FY OF PLEASANTON, a municipal corporation (the "City"). <br /> <br />WITNESSETH: <br /> <br /> WHEREAS, Oxmer owns an approximately 2.4 acre parcel of <br /> <br />land within the City of Pleasanton described in Exhibit "A", <br />attached hereto and incorporated herein by this reference, and <br />generally identified as 2174 and 2183 Rheem Drive (the "Property"); <br />and <br /> <br /> I~tEREAS, Owner has received design approval (Resolution <br /> <br />No. 84-294) for a four building development which proposed to <br />place parking lot curb, gutter, stalls, and landscaping over a <br />ten-foot wide public service easement (PSE), said approval being <br />conditioned upon redesigning the parking lot to avoid the PSE <br />or to reach some other agreement with the City Engineer; and <br /> <br /> WHEREAS, Owner and the City Engineer agree that an indemnity <br />agreement satisfactorily protects the City's interests and still <br />allows development of the site as proposed; <br /> <br /> NOW, TtlEREFORE, in consideration of the mutual covenants <br /> <br />and promises of the parties, the parties hereto agree as follows: <br /> <br /> l. The City agrees to allow the parking lot, curbs, gutt:e~s~ <br />and landscaping to be constructed within and uoon the PSE, as <br />%:,owt~ on the site development plans dated March 28, 1984 approved <br /> <br />-1- <br /> <br /> <br />