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REIMBURSEMENT AGREEMENT FOR <br />EAST AMADOR RELIEF SEWER IMPROVEMENTS <br />THIS AGREEMENT is entered into at Pleasanton, California, <br />this 23rd day of January, 1992, by and between the CITY OF <br />PLEASANTON, a general law city located in Alameda County, <br />California ("City") and THE PRUDENTIAL INSURANCE COMPANY OF <br />AMERICA ("Developer") with reference to the following facts. <br />A. Developer is the owner of certain real property in the <br />City of Pleasanton, County of Alameda, State of California, <br />commonly known as "Hacienda Business Park" (the "Property"). <br />Developer has obtained City approval of tentative subdivision <br />maps for various residential, commercial and office uses <br />constructed or to be constructed on the Property. <br />B. In connection with the construction described above, <br />Developer has constructed the East Amador Relief Sewer <br />(E.A.R.S.), which improvement will benefit the Property and other <br />properties more fully described below. <br />C. Pursuant to the Subdivision Map Act (California <br />Government Code, Sec. 66410 et sec.), Developer is entitled to <br />reimbursement for certain costs of the improvements referred to <br />above. City has inspected and accepted said improvements and is <br />willing to administer the reimbursement of costs to Developer as <br />set forth herein. <br />NOW, THEREFORE, it is agreed as follows: <br />1. Improvements. <br />a. Certain construction work performed by Developer, <br />the installation of the East Amador Relief Sewer and related <br />public improvements, will benefit other properties in addition to <br />the Property. Developer is entitled to recover 15.8% of the <br />costs of such construction work from other properties which <br />benefit from these improvements. The construction work performed <br />by Developer and included in the off-site improvements eligible <br />for reimbursement hereunder (collectively, the "Improvements") <br />shall include the work described on Exhibit "A" hereto which has <br />been performed at a cost of $1,867,947. <br />b. The reimbursement fee <br />actual costs of construction. <br />2. Ownership by City. Pursua <br />Agreement between City and Developer <br />ownership of said work shall vest in <br />having the right to connect or right <br />shall be based upon the <br />nt to the Improvement <br />dated June 26, 1984, <br />the City, with Developer <br />to use said Improvements in <br />- 1 - <br />