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PUBLIC IMPROVEMENT AGREEMENT <br />CONSTRUCTION OF TELEMETRY AND CONTROL SYSTEM <br />THIS AGREEMENT is made and entered at Pleasanton, California <br />on the ~/1,cP day of ~~- 1986 by and between: <br />THE PRUDENTIAL INSURANCE COMPANY OF AMERICA <br />4637 Chabot Drive, Suite 203 <br />Pleasanton, California 94566 <br />(hereinafter referred to as "Developer") and the CITY OF <br />PLEASANTON, a general law city, located in Alameda County, <br />California (hereinafter referred to as "City"). <br />RECITALS <br />A. There is significant proposed and approved industrial/ <br />commercial growth in North Pleasanton. In order for existing <br />development and additional such growth to have adequate water, <br />there must be improvements to the City's water system, including <br />the addition of a telemetry and control system. <br />B. The parties contemplate that the telemetry and control <br />system and related water system improvements will be included in <br />an assessment district ("North Pleasanton Water Improvement <br />District"). <br />C. Prudential is the owner of lands within the area to be <br />served by the proposed Foothill Reservoir and Foothill Road <br />pipeline and Booster Station No. 2 is a part of the system, <br />including, specifically, Parcels 1, 5-15, 18-27, 31-33, and 35-36 <br />of Parcel Map 3858. Prudential has volunteered to provide <br />funding in advance of the formation of the North Pleasanton Water <br />Improvement District to accelerate the construction of the <br />telemetry and control system in order that development of its <br />proposed project can proceed expeditiously, subject to Prudential <br />obtaining necessary governmental approval. <br />D. The preliminary design of the telemetry and control <br />system was completed by contract between the City and Camp, <br />Dresser & McKee, Inc. dated November 9, 1982. The City was <br />reimbursed by Prudential for the cost of the preliminary design <br />pursuant to an agreement dated December 6, 1982. <br />E. On July 12, 1983, the City authorized a contract for <br />Phases II and III (final design and construction services for the <br />proposed Foothill Reservoir) with Camp, Dresser & McKee, Inc. <br />- 1 - <br />