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LICENSE AGREEMENT FOR IMPROVEMENTS ON CITY -OWNED <br /> PROPERTY, INCLUDING STREET IMPROVEMENTS AND <br /> THE WALL AND LANDSCAPING <br /> ALONG THE EAST SIDE OF IRONWOOD DRIVE <br /> THIS LICENSE AGREEMENT is made and entered into this 1 I day of <br /> Ebro b 2004, by and between the City of Pleasanton "City and the <br /> Ironwood Homeowners' Association, a nonprofit mutual benefit corporation incorporated <br /> under the laws of the State of California "HOA <br /> RECITALS <br /> WHEREAS, on September 3, 2003, pursuant to Ordinance No. 1866, the City <br /> approved the application of Ponderosa Homes II, Inc., a California corporation <br /> "Developer for a development plan for 175 new single- family homes, plus two <br /> existing homes, 16 duet residences, a 172 -unit senior apartment project and a church/day <br /> care facility on approximately 92 acres between Busch Road and Mohr Avenue, as more <br /> specifically described as all of the property in Tract 7381 recorded on November 6, 2003 <br /> in Book 273 of Maps at Pages 23 -34, Official Records of Alameda County "Project <br /> WHEREAS, the City owns and operates the Operation Service Center, located at <br /> 3333 Busch Road and to the east of the Project "OSC and public rights of way <br /> (collectively "City Property <br /> WHEREAS, the Conditions of Approval for the Project require the Developer to <br /> install and maintain improvements on City Property including a replacement masonry <br /> wall parallel to Ironwood Drive and continuing around the corner along Busch Road as <br /> shown on the attached and incorporated Exhibit A "Wall landscaping within a 10 -foot <br /> strip between the Wall and Ironwood Drive and continuing around the corner along <br /> Busch Road; and landscaping and other improvements along public rights of way and <br /> within traffic circles and medians all as further listed on Exhibit B and shown on Exhibit <br /> C, which are attached and incorporated (collectively "Improvements <br /> WHEREAS, Developer and City have entered into an Interim Maintenance <br /> Agreement by which Developer agrees to maintain the Improvements as required by the <br /> Project approvals until a homeowners' association is created and ready to undertake this <br /> obligation, which is recorded as Instrument No. 2003662448 dated November 6, 2003 in <br /> the Official Records of Alameda County; <br /> WHEREAS, Developer has created the Ironwood Homeowners' Association, a <br /> nonprofit mutual benefit corporation incorporated under the laws of the State of <br /> California, pursuant to a "Declaration of Covenants, Conditions and Restrictions of <br /> Ironwood, a Common Interest Development" recorded as Instrument No. 2004- 230571 <br /> dated May 25, 2004 in the Official Records of Alameda County "HOA and <br /> Page 1 of 5 <br />