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<br />Recording requested by, <br />and when recorded return to: <br />Summit Commercial Properties, Inc. <br />300 Continental Boulevard, #370 <br />El Segundo, California 90245 <br />Attention: Rod Chisessi <br /> <br />AGREEMENT RE STREET IMPROVEMENTS AND <br />PARK AND RECREATION FACILITIES <br />This Agreement is made and entered into as of the 24th <br />day of July 1995 by and between CALPROP L.P., a Delaware limited <br />partnership (referred to herein as "Property Owner") and the CITY <br />OF PLEASANTON, a municipal corporation (.referred to herein as <br />"City"), with reference to the following facts: <br />A. Property Owner is the owner of real property (the <br />"Property") in the City of Pleasanton, more particularly <br />described in Exhibit A attached hereto; <br />B. The Property is the subject of Parcel Map 6859 MS-95-2, <br />which was conditionally approved by the City on April 20, 1995; <br />C. The conditions of approval for the parcel map require <br />that Property Owner enter into an agreement with City to provide <br />that Property Owner shall either not protest. the establishment of <br />an assessment district, or shall affirmatively vote for the <br />creation of an assessment district or other mechanism, to pay the <br />construction costs for the I-680/West Las Positas Boulevard <br />freeway interchange; <br />D. The conditions of approval for the parcel map also <br />require that Property Owner enter into an agreement with City to <br />provide that Property Owner shall either not protest the <br />establishment of an assessment district, or shall affirmatively <br />vote for the creation of an assessment district or other <br />mechanism, to .pay for the public park or recreation facilities <br />needs of employees working in the employment sectors of the City. <br />E. Property Owner and City, by executing this Agreement, <br />intend that it satisfy the foregoing conditions of approval. <br />follows: <br />NOW, THEREFORE, Property Owner and City agree as <br />1. Establishment of Assessment District. Property <br />Owner acknowledges that the City is considering establishing an <br />assessment district or other mechanism to pay the construction <br />costs and related costs, including but not limited to <br />engineering, city inspections, and financing, for the proposed I- <br />