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CROCKER PROPERTIES
City of Pleasanton
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LONG TERM AGREEMENT
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12/2/2008 4:45:52 PM
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10/18/2007 2:10:45 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
8/20/1990
LONG TERM AGREEMENTS - NAME
CROCKER PROPERTIES
LONG TERM AGREEMENTS - TYPE
REIMBURSEMENT AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
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<br />e. Future Impact Fee. In the event the City should hereafter <br />adopt a traffic impact or similar capital improvements fee or fees, the purpose and use <br />of which would include any of the Traffic Mitigation Improvements, the payment <br />obligations of Developer (and its successors). under this Section 3 shall be credited <br />against such fees. <br />4. Determination of Traffic Mitigation Improvement Costs. <br />Determination of the total Traffic Mitigation Improvements Costs ("Total Traffic <br />~~ <br />Mitigation Improvements Costs) shalt be made on an aggregate (rather than "line <br />item") basis. As a result, the following shall occur: <br />a. Savinas Applied to Other Improvements. Savings from the <br />costs of any particular Traffic Mitigation Improvement (i.e., the excess of the Estimated <br />Traffic Mitigation Improvements Costs for the particular Traffic Mitigation Improvement <br />.over the actual Traffic Mitigation Improvements Costs for the particular Traffic <br />Mitigation Improvement) shall be applied to any overruns for the costs of any other <br />Traffic Mitigation Improvements; and <br />b. Overruns Paid By Savings. The overrun for the costs of any <br />particular Traffic Mitigation Improvement (i.e., the excess of the actual Traffic Mitigation <br />Improvements Costs for the particular traffic Mitigation Improvement over the Estimated <br />Traffic Mitigation Improvements Costs for the particular Traffic Mitigation Improvement) <br />shall be paid for by savings from any other Traffic Mitigation Improvements. <br />5. Liability of Contributing Projects. <br />a. Contributing Projects. In addition to Developer's property, <br />other properties will benefit from the Traffic Mitigation Improvements. The boundaries <br />of the properties are depicted on Exhibit E attached hereto, and all properties within <br />those boundaries potentially could benefit from the Traffic Mitigation Improvements. As <br />of October 1, 1997, City has identified five Contributing Projects which will benefit from <br />completion of the Traffic Mitigation Improvements. (See Exhibit D.) City has assigned <br />each Contributing Project (including Developer's) a percentage share of the <br />responsibility for participating in the costs to complete the Traffic Mitigation <br />Improvements. That percentage share of the Traffic Mitigation Improvements Costs of <br />each of the current Contributing Projects and their required payments are also shown <br />on Exhibit D. Each Contributing Project's share is based on its estimated peak hour <br />trips as a percentage of the total peak hour trips contributed by all Contributing <br />Projects. Over time, the number of Contributing Projects may change as properties <br />develop, redevelop or as existing uses expand, intensify or consolidate. As that <br />occurs, the City shall revise the list of Contributing Projects and revise the relative <br />percentages among the Projects so that each Project that has not already paid its <br />entire share shall then be responsible to pay its share of the Traffic Mitigation <br />Improvements Costs based on its estimated peak hour trips as a percentage of the total <br />(AGREEMENTS\SRIDG1 CL.SAM) 5 <br />
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