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<br />PUBLIC IMPROVEMENT AGREEMENT <br />~~1~ <br />THIS AGREEMENT made and entered at Pleasanton, California, this ~' ' day of <br />~~''~`'C ~ ~,- r , , 1997, by and between: <br />Secuirty Capital Pacific Trust <br />A Maryland Real Estate Investment Trust <br />7670 South Chester Street, Suite 100 <br />Englewood, CO 80112 <br />(hereinafter referred to as "Developer") and the CITY OF PLEASANTON, a general law city, <br />located in Alameda County, California, acting through the City Manager and the City Clerk, <br />(hereinafter referred to as "City"). <br />WHEREAS, Developer has approved plans for a commercial development on the 23.5 <br />acre site at south east corner of Owens Drive and Hacienda Drive lying within the boundaries of <br />the City, and <br />WHEREAS, Developer has presented improvement plans entitled "HACIENDA PARK " <br />designed by Brian Kangas Foulk, dated December 14, 1997, and a copy of said plans is on file in <br />the office of the City Engineer, and by reference is included in this Agreement for all purposes <br />as if attached hereto; and <br />WHEREAS, said plans designate construction of public improvements, that the Developer <br />intends to dedicate to the City; and <br />WHEREAS, as a condition precedent to accepting this offer of dedication by Developer, <br />City requires the public improvements, including installation or extension of City services at <br />Developer's expense and certain protections for the City on behalf of the public, to be <br />constructed. <br />NOW, THEREFORE, in consideration of the faithful performance of the promises, terms, <br />conditions and covenants set forth herein, the parties hereto agree as follows: <br />contracts/ pd.mst _ 1 _ <br />