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0 • <br /> SECOND AMENDMENT <br /> REIMBURSEMENT AGREEMENT FOR STORM DRAIN FACILITIES <br /> Ponderosa Homes <br /> This Second Amendment to the Reimbursement Agreement for Storm Drain Facilities Ponderosa <br /> Homes is entered into this )g'r/tday of Ail , 2016, by the City of Pleasanton <br /> ("City") and Ponderosa Homes II, Inc., a California Corporation ("Developer") whose principal <br /> place of business is 6130 Stoneridge Mall Road, Ste, 185,Pleasanton,CA 94588. <br /> RECITALS <br /> WHEREAS, the City and Developer entered into the Reimbursement Agreement for Storm <br /> Drainage Facilities, dated March 18, 2008, and thereafter executed the First Amendment <br /> Reimbursement Agreement for Stormdrain Facilities, dated July 6, 2015 (together hereinafter <br /> referred to as "Reimbursement Agreement"), recognizing that the Developer had installed storm <br /> drain and related infrastructure that would benefit, in part,nearby properties; and <br /> WHEREAS, in exchange for certain considerations, Developer is willing to limit the interest on the <br /> reimbursement required of the Kie-Con Property(APN 946125100704);and <br /> WHEREAS, the City and Developer have agreed that said limitation is reasonable given the <br /> value of the future benefit to the Kie-Con Property; and <br /> WHEREAS, Developer advises the City that the Lehman/Selway Property(APN 946457400700 / <br /> 946457400600) has fulfilled it reimbursement requirement to Developer under the Reimbursement <br /> Agreement and the City is not required to collect any Reimbursement Fee from the Lehman/Selway <br /> Property. <br /> NOW THEREFORE, the parties agree to amend the Reimbursement Agreement on the <br /> following terms and conditions: <br /> 1. Section 6. Establishment of Fee, will be replaced in its entirety with the following: <br /> City shall collect from the Kie-Con Property Owner reimbursement fees in the amounts <br /> specified in the attached Exhibit C plus adjustments made each January 1st of each calendar <br /> year up to and including January 1, 2018, to reflect the addition of interest per Section 7 <br /> ("Reimbursement Fee or Reimbursement Fees"). Thereafter there shall be no additional <br /> interest added to said Reimbursement Fee for the Kie-Con Property. <br /> 2. Section 11 Term., will be replaced in its entirety with the following: <br /> Fifteen(15) years after the date of the Agreement, City shall cease collecting Reimbursement <br /> Fees and Developer shall not be entitled to the receipt of any further Reimbursement Fees <br /> pursuant to this Agreement; and any further changes to this Agreement may only occur when <br /> agreed to by the City and the owner of the Kie-Con Property. <br /> -1- <br />