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ATTACHMENT 2 REIMBURSEMENT AGREEMENT FOR THIRD-PARTY CONSULTING COSTS INCURRED BY THE CITY OF PLEASANTON TO PREPARE A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (EIR) TO EVALUATE THE ENVIRONMENTAL EFFECTS OF A PROPOSAL BY TIM LEWIS COMMUNITIES This Reimbursement Agreement ("Agreement") for third-party consulting costs incurred by the City of Pleasanton to prepare a Subsequent Environmental Impact Report (EIR) to evaluate the environmental effects of a proposed 39-single-family unit residential community and related improvements on an approximately 154-acre site located at 1000 Minnie Drive ("Project") is entered into on April 18, 2017, between the City of Pleasanton, a general law city ("City") and Tim Lewis Communities (TLC), a California corporation ("Owner"). RECITALS A. Owner owns or has an interest in a 154-acre site located at 1000 Minnie Drive in the City of Pleasanton, County of Alameda, State of California (the "Property"). B. On April 18, 2017, the City Council of the City of Pleasanton approved the professional services agreement between the City and FirstCarbon Solutions (FCS), a California corporation, for the preparation of a Subsequent E1R pursuant to CEQA for the proposed 39-single-family unit residential community and related improvements on the Property. NOW, THEREFORE, it is agreed as follows: Section 1. Reimbursement of Third-Party Consulting Costs. A list of the third-party consultants proposed to be retained by the City to prepare the Subsequent EIR, together with a description of the proposed scope of work and estimate of costs for each third-party consultant, is attached hereto (and incorporated herein as if set forth in full) as Exhibit A (the "Eligible Consulting Costs"). During the term of this Agreement, Owner agrees to reimburse City for the Cost Estimate. Section 2. Time and Manner of Reimbursement. Payment for Eligible Consulting Costs shall be made in two phases as follows: (a) Owner shall make an initial $50,000 payment (the "Initial Deposit") to the City when the City executes an agreement for Eligible Consulting Costs; (b) within thirty (30) days of the Owner's receipt of an invoice from the City documenting the costs incurred by the City for Eligible Consulting Costs that exceed the Initial Deposit. All invoices shall be provided by City pursuant to the notice requirements of Section 6, below. Once received, Owner shall review each invoice to confirm the costs set forth therein are Eligible Consulting Costs. In the event Owner determines that any invoiced costs are not Eligible Consulting Costs, Owner shall notify the City within fifteen (15) days of receipt of an invoice from City. Following such notification by Owner, the City shall review the invoice to confirm all costs are Eligible Consulting Costs, and shall notify Owner of its determination. In the event Owner has notified City of the ineligibility of certain costs as described above, payment for Eligible Consulting Costs shall be made within thirty(30) days of Owner's receipt of City's final determination as to the permissible costs.