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~/ ~ <br />A G R E E M E N T <br />THIS AGREEMENT is made and entered into on September ~, <br />1982, by and between PONDEROSA HOMES, a California general <br />partnership (hereinafter referred to as "Developer"), HOWARD <br />C. HANSEN and ANN MARIE MIX (hereinafter referred to as <br />"Owner") and the CITY OF PLEASANTON, a municipal corporation <br />(hereinafter referred to as "City"). <br />R E C I T A L S: <br />1. Developer is the optionee and Owner is owner and <br />optionor of an approximately 187 acre unimproved parcel of <br />land located generally west of Hopyard Road and northwest of <br />Valley Avenue in the City of Pleasanton, including unimproved <br />lands lying west of the present termination of Calle Altamira <br />and north of the Arroyo del Valle. Developer is presently <br />grading and adding fill to the lands adjacent to the Arroyo <br />del Valle in preparation of subdividing and improving this <br />portion of the subject property. <br />2. Developer, Owner, and City entered into a letter <br />agreement dated April 10, 1980, (Exhibit "A"), in which a <br />certain non-exclusive easement for .the construction and <br />maintenance of a water pipeline (Exhibit "B") was conveyed <br />to City subject to certain conditions; the easement was <br />subsequently recorded and the water pipeline constructed. <br />3. Certain remedial work is necessary on the water <br />pipeline at this time, said work best accomplished through <br />-1-~ <br />