RUBY HILL DEVELOPMENT TRAFFIC SIGNAL

PUBLIC IMPROVEMENT AGREEMENT Ruby Hi1UVineyard Traffic Signal THIS AGREEMENT made and entered at Pleasanton, California, this ~L~ day of f~~~-[; (1 , 2003, by and between: Ruby Hill Development Joint Venture, L.P. 4670 Willow Road, Suite 200 Pleasanton, CA 94588 (Hereinafter referred to as "Developer") and the CITY OF PLEASANTON, a general law city, located in Alameda County, California, acting through the City Manager and the City Clerk, (hereinafter referred to as "City"). WHEREAS, Developer has plans for a traffic signal located the intersection of Vineyard Avenue and Ruby Hill Boulevard, lying within the boundaries of the City; duly approved by the City Engineer; and WHEREAS, Developer has presented improvement plans entitled "Vineyard Avenue at Ruby Hill Boulevard Traffic Signal Installation" designed by TJKM Transportation Consultants, approved on January 10, 2003, a copy of which is on file in the office of the City Engineer, and by reference is included in this agreement for all purposes as if attached hereto, and WHEREAS, pursuant to Provisions of Reclassification 1837th Zoning Unit Ruby Hill, condition 67a. Developer is required to construct and pay for the improvements described as "Vineyard Avenue at Ruby Hill Boulevard Traffic Signal Installation", and WHEREAS, said plans designate construction of Public Improvements, that the Developer intends to dedicate to the City, and WHEREAS, as a condition precedent to accepting this offer of dedication by Developer, City requires the improvements of the public ways, installation or extension of certain City services at Developer's expense as required by the Provisions of Reclassification 1837th Zoning Unit approval for the property and certain protection for the City on behalf of the public. Public Improvement Agreement 2/07/03 Ruby Hi1lNineyard Traffic Signal Page 1 of 8