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i 1 <br />Agreement <br />This Agreement is entered into, effective this~~illG~day of~c-~,pu~,r~/ 1988,. by and <br />between the City of Pleasanton, a California municipal corporation, ("City"); Roselma <br />Bonds, an individual ("Bonds"); Centaur Capital, a California general partnership, <br />("Centaur"); and Shapell Industries, Inc., a Delaware. corporation ("Shaped"). <br />Recitals <br />Whereas, Bonds is the owner of that certain property situated adjacent to the City of <br />Pleasanton, in the County of Alameda, State of California, containing approximately <br />104 acres, and depicted in Exhibit "A " ("Subject Property"). <br />And Whereas, Bonds entered into that certain agreement dated June 23, 1987 <br />with Centaur, ("Purchase Agreement") under the terms of which Bonds has agreed to <br />sell and Centaur has agreed to purchase the Subject Property. <br />And Whereas, Centaur entered. into that certain agreement dated September 25, <br />1987, with Shapell, ("Joint Development Agreement") under the terms of which, <br />Shapell will be involved with the development of the Subject Property. <br />And Whereas, Centaur and Shapell intend to process the Subject Property <br />through the appropriate governmental .entities for the approval of a residential <br />subdivision to be constructed upon the Subject Property. Such processing to be <br />undertaken by Centaur and Shapell includes, without limitation, applications for <br />annexation of the Subject Property to City, and Rezoning. <br />And Vlfhereas, In accordance with the orderly development of the Subject Property <br />as well as other properties within the jurisdiction of City, City has determined that it <br />shall extend Bernal Avenue through the Subject Property, said extension requiring <br />the condemnation of a right of way through the Subject Property absent agreement to <br />the contrary. <br />And Whereas, The parties hereto have determined that they will be mutually <br />benefited in cooperating with one another, and hence, the parties .hereto have <br />agreed to the provisions of this agreement in lieu of condemnation of the right of way <br />