BAY AREA SELF STORAGE - PUBLIC IMPROVEMENT AGMT 2003

• ~ PUBLIC IMPROVEMENT AGREEMENT Bay Area Self Storage 3101 Valley Avenue THIS AGREEMENT made and entered at Pleasanton, California, this day of /~, 200.', by and between: 1~>~~lt~ ~~~~~~Qr.~~~ BASS PLEASANTON, LLC 20725 Valley Green Drive Cupertino, CA 95014 (hereinafter referred to as "Developer") and the CITY OF PLEASANTON, a general law city, located in Alameda County, California, acting through the City Manager and the City Clerk, (hereinafter referred to as "City"). WHEREAS, Developer has PUD plans for commercial development on 3101 Valley Avenue, lying within the boundaries of the City; duly approved by the Planning .Commission or the City Council; and WHEREAS, Developer has presented improvement plans entitled "Bay Area Self Storage, Pleasanton, CA" designed by Kerry Engineering, Inc., approved on August, 2002, a copy of which is on file in the office of the City Engineer, and by reference is included in this agreement for all purposes as if attached hereto, and WHEREAS, pursuant to the PUD conditions of approval, Developer is required to construct and pay for a portion on the improvements described in such plans as provided in the PUD, and WHEREAS, said plans designate construction of Public Improvements, that the Developer intends to dedicate to the City, and WHEREAS, as a condition precedent to accepting this offer of dedication by Developer, City requires the improvements of the public ways, installation or .extension of certain City services at Developer's expense as required by the PUD-15 approval for the property and certain protection for the City on behalf of the public. NOW, THEREFORE, in consideration of the faithful performance of the promises, terms, conditions and covenants set forth herein by Developer and the approval of the project, the parties hereto agree as follows: Public Improvement Agreement 8/14/02 Bay Area Self Storage, 3101 Valley Avenue Page 1 of 8