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REIMBURSEMENT AGREEMENT FOR DESIGN OF THE IRON HORSE TRAIL <br />BETWEEN MOHR AVENUE AND SANTA RITA ROAD <br />THIS AGREEMENT is entered into at Pleasanton, California, this ~~day of <br />~~ ~;L , 2004, between the City of Pleasanton, a general law city, ("City") and Ponderosa <br />Homes II, Inc. (the "Developer"). <br />Recitals <br />A. Pursuant to Ordinance No. 1866 dated September 3, 2002, the City approved <br />Prezoning and a development plan for Developer's Project of 175 new single <br />family homes, two existing homes, 16 duet residential units, a 172-unit senior <br />apartment project and achurch/day care facility on approximately 92 acres <br />located northwesterly of the City's Operations Service Center between Busch <br />Road and Mohr Avenue and easterly of the former Southern Pacific Railroad <br />Corridor ("Project"). <br />B. Pursuant to Resolution No. PC-2002-68 dated October 23, 2002, the City's <br />Planning Commission approved Vesting Tentative Subdivision Map 7381. <br />C. The conditions of approval for the Project require Developer to design and <br />construct the Iron Horse Trail from Busch Road to Mohr Avenue and <br />modified extension to Boulder Street <br />D. City and the Developer have voluntarily explored options to fund and <br />construct improvements, including the grading, trail improvements, <br />landscaping and irrigation, pedestrian crossing at Mohr Avenue, and related <br />infrastructure for the Iron Horse Trail along the abandoned Transportation <br />Corridor from Santa Rita Road to Mohr Avenue ("Improvements"). <br />E. City adopted Resolution No. 03-117 Supporting a Grant Application for <br />Measure B Bicycle and Pedestrian Countrywide discretionary funding for the <br />Iron Horse Trail Project. <br />F. Developer is willing to enter into contracts with a California Licensed <br />Engineer and Licensed Landscape Architect ("the Designer") to design the <br />Improvements related to the Iron Horse Trail from Santa Rita Road to Mohr <br />Avenue, subject to the City reimbursing it for the costs associated therewith. <br />NOW, THEREFORE, it is agreed as follows: <br />1. Desi n. Developer shall cause Designer to conceptually design that portion of <br />the Iron Horse Trail from Santa Rita Road to Mohr Avenue in substantial <br />compliance with the conceptual design plans entitled Busch/Ponderosa Property, <br />Proposed Iron Horse Trail, Preliminary Landscape Plans prepared by Isaacson, <br />Wood, and Associates, revised March 17, 2003, ("The Design"). After approval of <br />the conceptual plan, Designer shall provide plans, specifications, and cost <br />