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REIMBURSEMENT AGREEMENT FOR <br />FOOTHILL ROAD OFF-SITE IMPROVEP~NTS <br />THIS AGREEMENT is entere into at Pleasanton, California, <br />this / D day of ~/ C-p/}'ft ~ 1991, by and <br />between the CITY OF PLEASANTON, a general law city located in <br />Alameda County, California ("City") and FOREST HILL 89, a <br />California limited partnership ("Developer") with reference to <br />the following facts. <br />A. Developer is the owner of certain real property in the <br />City of Pleasanton, County of Alameda, State of California, <br />commonly known as "Tract 6160," (the "Property"). Developer has <br />obtained City approval of a tentative subdivision map for a 28 <br />unit single family residential project to be constructed on the <br />Property. <br />B. In connection with construction described above, <br />Developer intends to construct or cause to be constructed certain <br />improvements to the Foothill Road right-of-way area, which <br />improvements will benefit the Property and other properties more <br />fully described below. <br />C. Pursuant to the <br />Government Code, Sec. 664 <br />reimbursement for certain <br />above. City will inspect <br />willing to administer the <br />set forth herein. <br />Subdivision Map Act (California <br />10 et sect.), Developer is entitled to <br />costs of the improvements referred to <br />and accept said improvements and is <br />reimbursement of costs to Developer as <br />NOW, THEREFORE, it is agreed as follows: <br />1. Improvements. <br />a. Certain construction work to be performed by <br />Developer, the installation of a joint trench and related public <br />improvements, will benefit other properties in addition to the <br />Property. Developer is entitled to recover one-half of the costs <br />of such construction work from other properties which benefit <br />from these improvements. The construction work to be performed <br />by Developer and included in the off-site improvements eligible <br />for reimbursement hereunder (collectively, the "Improvements") <br />shall include the work described on Exhibit "A" hereto which <br />shall be performed at an estimated cost as shown thereon. If the <br />actual cost exceeds the estimated cost by more than ten percent <br />(10%), Developer shall receive prior approval of the City <br />Engineer before proceeding. <br />b. The reimbursement fee shall be based upon the <br />estimates of construction cost included in Exhibit A. Within 60 <br />days after completion of the job, Developer shall submit actual <br />- 1 - <br />