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Oak PUBLIC IMPROVEMENT AGREEMENT (One of Two) Construction of Public Improvements on Kottinger Drive and Vineyard Avenue MidPen Housing Corporation 240 KOTTINGER DRIVE THIS AGREEMENT made and entered at Pleasanton, California,this a r� day of YY1%M�v , 2016, by and between: MidPen Housing Corporation 303 Vintage Park Drive, Suite 250 Foster City, CA 94404 T: 650-356-2900 F: 650-357-9766 (hereinafter referred to as 'Developer") and the CITY OF PLEASANTON, a general law city, located in Alameda County, California, acting through the City Manager and the City Clerk, (hereinafter referred to as "City"). WHEREAS, Developer has PUD plans, PUD-101 to construct 185 senior apartment units and related improvements pursuant to Ordinance No.2103; at 240/251 Kottinger Drive, lying within the boundaries of the City; and WHEREAS, Developer has presented a phasing plan to develop 131 senior apartment units in the first phase located at 240 Kottinger Drive; WHEREAS, Developer has presented improvement plans entitled"Kottinger Gardens Phase 1" designed by BKF Engineers, approved by the City Engineer on , 2016, a copy of which is on file in the office of the City Engineer, and by reference is included in this agreement for all purposes as if attached hereto, and WHEREAS, pursuant to the PUD conditions of approval, Developer is required to construct and pay for a portion of the improvements described in such plans as provided in the PUD, and WHEREAS, said plans designate construction of Public Improvements,that the Developer intends to dedicate to the City, and WHEREAS, as a condition precedent to accepting this offer of dedication by Developer, City requires the improvements of the public ways, installation or extension of certain City services Public Improvement Agreement(One of Two) 3/2/2016 Kottinger Garden by MidPen Housing Corporation Page 1 of 8