VALLEY PLAZA APARTMENTS - REIMBURSEMENT AGREEMENT FOR TRAFFIC STUDY COSTS

WHEREAS, the City has contracted with Barton-Aschman Associates, Inc. to prepare a supplemental traffic analysis. r1OW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Developer agrees to reimburse the City for the full costs for the services of Barton-Aschman Associates, Inc. incurred in conjunction with the supplemental traffic analysis for the proposed development of the Orloff property. Said services are more particularly described in the letter agreement dated December 2, 1981, between the City and Barton-Aschman Associates, Inc. attached to this agreement as Exhibit A. 2. Upon receipt of an invoice for services rendered pursuant to the letter agreement of December 2, 1981, City shall notify Developer and request payment. Developer shall pay the amount due within ten (10) days of notif ication by the City. In the event City incurs interest liability under the terms of the letter agreement due to Developer's failure to provide payment within ten (10) days of notification, Developer shall be responsible for any and all such interest incurred. 3. If City commences an action against Developer arising out of or in connection with this agreement, City shall be entitled to have and recover reasonable attorney's fees and costs of suit. 4. Any notice or communication required or provided for under this agreement shall be given in writing and sent by ordinary mail to the following addresses: CITY: City of Pleasanton P. 0. Box 520 Pleasanton, CA 94566 DEVELOPER: Valley Plaza Apartments 525 University Avenue, Suite 22 Palo Alto, CA 94301 -2- Attn: Duncan Matteson