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r <br />• <br />REIMBURSEMENT AGREEMENT FOR <br />JUNIPERIO DRIVE EXTENSION <br />THIS AGREEMENT is entered into at Pleasanton, California, <br />this 16th day of April, 1996, between the CITY OF PLEASANTON, a <br />general law city, ("City") and the CASE AVENUE ASSOCIATES, a <br />California Limited Partnership and PROMENADE HOUSING ASSOCIATES, <br />a California Limited Partnership (collectively the "Developer"). <br />On June 21, 1994, the City conditionally approved a Planned <br />Unit Development (PUD) plan on a 7.4 acre site, located at <br />5300 .Case Avenue, which plan contemplates Developer's <br />constructing on the site a 146 unit apartment development ("the <br />Promenade"). <br />One condition of approval requires the Developer to install <br />street improvements across the project's Case Avenue street <br />frontage. <br />Another condition of approval requires the remainder of <br />Junipero Street, between Sunol Boulevard and Case Avenue, to be <br />constructed by the City when the Promenade is being built such <br />that this extension is complete prior to the occupancy of the <br />Promenade. <br />Because of numerous coordination and construction issues <br />involved if two separate contractors were used to construct the <br />extensions of Case Avenue and Juniperio Street, Developer has <br />offered to construct all of the Junipero Street .extension, <br />subject to the City's reimbursing it for costs associated with <br />such construction. <br />NOW, THEREFORE, it is agreed as follows: <br />1. Tmnrovements. Developer shall construct or cause to be <br />constructed the Improvements described in the Plans and <br />Specifications for the Junipero Street Extension, Project No. <br />94502.9, which are on file with the Department of Public Works of <br />the City and which are incorporated herein by this reference <br />("the Improvements"). The Improvements shall be completed within <br />5 months from the date of this Agreement. The completion date <br />may be extended due to events beyond the control of the Developer <br />as may be determined in the reasonable judgment of the City. <br />2. R_;mh~rsement-. City shall reimburse Developer for the <br />Improvements actually constructed at the unit prices set out in <br />the attached Exhibit 1. The quantities of work stated therein <br />are estimates only; actual quantities will be measured for <br />payment in accordance with the plans and specifications. <br />Developer shall submit to the City for review any change orders <br />1 <br />