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<br />PRELIMINARY <br />TRANSIT SHELTER MAINTENANCE AGREEMENT <br />THIS PRELIMINARY TRANSIT SHELTER MAINTENANCE AGREEMENT <br />is made and entered into this ~f~ th day of ~ ~ L y , 2005, by and <br />between the City of Pleasanton ("City") and Bernal Ir~ves met nt Company, LLC, a <br />Delaware limited liability company ("BIC"). <br />RECITALS <br />WHEREAS, BIC initially developed a parcel of real property commonly known <br />as Tract 7255, filed on August 10, 2001 in Map Book 259, Pages 64-90 inclusive, <br />Alameda County Records, which includes Lot C described as "Property"; <br />WHEREAS, BIC transferred the Property to SB Pleasanton, LLC, a California <br />limited liability company ("Owner") pursuant to an agreement with BIC dated September <br />8, 2000; <br />WHEREAS, the Property is part of a residential, commercial, public park use <br />development known as the Bernal Property ("Project"); <br />WHEREAS, On August 28, 2000, pursuant to City Council Ordinance No. 1814, <br />the City approved the Bernal Property PUD Development Plan for the Project. Condition <br />50(c) of the Conditions of Approval for the Project required BIC to construct transit <br />shelters with trash receptacles at locations to be determined by the City Engineer, with <br />those shelters and receptacles to be maintained by the owner of the property adjacent to <br />the shelter; <br />WHEREAS, a transit shelter with trash receptacles has been constructed by BIC <br />at the location shown in Exhibit A, which is attached and incorporated into this <br />Agreement. The location of the Transit Shelter is adjacent to the Property owned by <br />Owner; <br />WHEREAS, The City and BIC has agreed to enter into this Preliminary Transit <br />Shelter Maintenance Agreement to address maintenance of the transit shelter with trash <br />receptacles for five years from the date of this Agreement or until such time as the Owner <br />or successor owner of the Property takes on that responsibility pursuant to Ordinance No. <br />1814 ,whichever comes first; <br />NOW, THEREFORE, in consideration of the mutual promises contained in this <br />Agreement, the parties agree as follows: <br />Page 1 of 4 <br />i <br />~/ <br />