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<br />COST REIMBURSEMENT AGREEMENT <br />(Canyon Way /Foothill Road Phase I Improvements <br />and Canyon Way / Stoneridge Mall Road Traffic Signal) <br />THIS AGREEMENT ("Agreement") is entered into this ~.3 day of ~~'~~'~~"', <br />2001 by and between the CITY OF PLEASANTON, a municipal corporation ("City"), <br />and SAFEWAY INC. a Delaware corporation ("Developer"). <br />RECITALS <br />A. In conjunction with Developer's expansion of its office complex on real <br />property in the City of Pleasanton, County of Alameda, State of California, described as <br />5900, 5906, 5912, 5918, 5920, 5930, and 5940 Stoneridge Mall Road ("the Property"), <br />Developer paid for the traffic signal installed at Canyon Way / Stoneridge Mall Road (the <br />"Improvements") which has benefit for the Property and other properties in the vicinity. <br />B. Developer's costs for the Improvements was $120,000, of which $50,040 <br />was paid for by other properties developing in the azea (Sears, Hines). Developer's pro <br />rata shaze of the Improvements, based on the amount of approved but unbuilt <br />development within the benefited area, is $7,200. Thus, Developer has incurred expenses <br />totaling $62,760 in excess of its pro rata shaze for which it seeks reimbursement. <br />NOW, THEREFORE, in exchange for mutual consideration, the receipt and value <br />of which is hereby acknowledged, the parties agree as follows: <br />Section 1. Improvements. <br />The Improvements which have been constructed by the City and paid for by the <br />Developer and other property owners are described more particularly as the traffic signal <br />at Canyon Way and Stoneridge Mall Road and associated street adjustments to <br />accommodate the signal. <br />Section 2. Reimbursable Amount. <br />The costs for the construction of the Improvements is $120,000.. Contributions <br />for the Improvements have been made by The Taubman Company (Sears expansion), <br />Hines (Wells Fazgo), and Developer. However, Developer has made contributions in <br />excess of its pro rata share, and is entitled to reimbursement of Sixty-Two Thousand <br />Seven Hundred and Sixty Dollars ($62,760) (the "Reimbursable Amount"). <br />Section 3. Benefited Properties. <br />The Benefited Properties include those properties highlighted in the attached <br />Exhibit A, excepting therefrom those properties which have already paid their pro rata <br />