BRANAUGH - REIMBURSEMENT AGMT OAK MANOR 1996

REIMBUR~MENT AGREEMENT FOR WATER MAINLINE OAK MANOR--TRACT 5927 THIS AGREEMENT is entered into this 1~~~ day of rlL 1996, by and between the CITY OF PLEASANTON, a municipal corporation ("City") and Robert D. and Shirley M. Branaugh ("Developer"). A. Developer is the owner of certain real property in the County of Alameda, State of California, commonly known as "Oak Manor--Tract 5927," Assessor's Parcel Number 946-3701-008 ("the Property"). B. In connection with the development of the Property, Developer intends to construct a main waterline from the City's existing water mainline in Foothill Road through a public service easement within the Property and then reconnecting to the existing main waterline in Footh i I I Road. C. The City has agreed to provide water to the Property. To serve better City residents along Foothill Road, City has requested the Developer to oversize the water mainline from an eight-inch to a twelve-inch line. D. The water mainline shall be installed within Alameda County road right-of-way and within a public service easement permitting the City of Pleasanton to provide the right to maintain, upgrade, and repair the water mainline. E. Developer is willing to oversize the line if the City is willing to reimburse Developer for the material costs to oversize the water mainline from an eight-inch to a twelve-inch line. NOW, THEREFORE, it is agreed as follows: 1. Improvements. Developer shall install a twelve inch loop water mainline from the City's existing water mainline on Foothill Road through the Property and reconnecting to the existing water mainline in Foothill Road. 2. Reimbursable Costs. Developer shall be reimbursed by City only for the material costs to increase the water mainline from an eight-inch to a twelve-inch line. The Developer's engineer has estimated the City's share to oversize the water mainline from an eight-inch to a twelve-inch line as $7,320.00. Within 60 days after the completion of the water mainline, Developer shall submit to the City Engineer actual material costs resulting from the oversizing of the water mainline size from an eight-inch to a twelve-inch line. Thereafter, the City Engineer shall review for appropriateness, using a standard of reasonableness. If the City Engineer determines any reimbursable cost is not appropriate, the City's reimbursement shall be adjusted downward. Reimbursement shall be based only on actual material costs, as approved by the City Engineer. -1-