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REIMBURSEMENT AGREEMENT FOR <br />GRADING THE REALIGNED VINEYARD AVENUE <br />THIS AGREEMENT is entered into at Pleasanton, California, this _7~ <br />day of ~cu~~, 2002, between the City of Pleasanton, a general law city, ("City") <br />and Green~riar Homes Communities, Inc. (the "Construction Manager"). <br />Recitals <br />A. City adopted the Vineyard Corridor Specific Plan (the "Specific <br />Plan") in June 1998 to guide future development within the Specific Plan's <br />boundaries; a key element of the Specific Plan is the realignment of Vineyard <br />Avenue. <br />B. PG&E has planned an underground 230 kV transmission line in the <br />Vineyard Avenue Corridor and has received approval from the State of California <br />Public Utilities Commission to construct this line in the realigned Vineyard <br />Avenue, if available in the summer of 2002. <br />C. City and the Construction Manager have explored options to fund <br />and construct improvements, including the grading of the realigned Vineyard <br />Avenue and construction of selected utility segments that would allow PG&E to <br />place its line in the realigned Vineyard Avenue. <br />D. Construction Manager is willing to arrange for a licensed general <br />contractor ("the General Contractor") to do the grading and related improvements <br />of the realigned Vineyard Avenue, subject to the City's reimbursing it for the costs <br />associated therewith. <br />NOW, THEREFORE, it is agreed as follows: <br />1. I._provements. Construction Manager shall construct or cause to be <br />constructed the grading and related improvements described in the Plans and <br />Specification for the Rough Grading of Vineyard Avenue Realignment prepared <br />by Ruggeri, Jensen, Azar, dated August , 2002, which are on file with the <br />Department of Public Works of the City and which are incorporated herein by this <br />reference ("the Improvements"). Work on the Improvements shall begin on the <br />east end. The Improvements shall be completed within 43 working days from the <br />date that City issues to the Construction Manager a notice to proceed. The <br />Construction Manager shall use its best efforts to have the Improvements on the <br />east end completed first. The completion date may be extended due to events <br />C:~ocuments and Settings\pcostanzo\Local Settings\Temporary Internet Files\OLKI\Static copy of Greenbriaz (Vineyazd) - (WKH <br />clean 8-9-02) Reimbursement Agreement (Word).doc <br />