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207533 <br /> AGREEMENT FOR PARK IMPROVEMENTS <br /> THIS AGREEMENT FOR PARK IMPROVEMENTS ("Agreement") is made and <br /> entered into 12edemAtot 30, 2016 between MidPen Housing Corporation, a California <br /> nonprofit public benefit corporation ("MidPen")the City of Pleasanton, a municipal corporation <br /> ("City") <br /> RECITALS <br /> A City is the recipient of a State of California Housing-Related Parks (HRP) Program Grant <br /> ("Grant") to fund the construction of Park Improvements as set forth below on portions of the <br /> real property owned by the City known as Kottinger Village Park at 4100 Vineyard Avenue, <br /> Pleasanton, as illustrated in the improvement plans attached as Exhibit A The property upon <br /> which the Park Improvements are to be constructed shall be referred to hereinafter as the "Park <br /> Property". <br /> B Kottinger Gardens in an affordable housing residential apartment community at 240 Kottinger <br /> Drive, Pleasanton, adjacent to the Park Property MidPen is developer of the Kottinger Gardens <br /> community under contract with the owner of the Kottinger Gardens community <br /> C As the Kottinger Gardens community is also making emergency vehicle access improvements on <br /> a portion of the Park Property in compliance with entitlement approvals for development of the <br /> Kottinger Gardens community, ,the parties to this Agreement agree that construction of the Park <br /> Improvements by MidPen's general contractor will allow for more orderly staging of materials, <br /> storage of construction materials, timing of installation of vegetation and its subsequent <br /> maintenance, and avoidance of conflict if different contractors are undertaking separate and <br /> uncoordinated work in the same area <br /> D The Kottinger Gardens community has previously received competitive proposals for <br /> improvement work pursuant to the Ground Lease and a general contractor"L&D Construction" <br /> was selected which meets California Labor Code requirements for payment and reporting of <br /> prevailing wages <br /> E. The parties desire that MidPen retain L&D Construction to construct the Park Improvements as <br /> set forth below based on the terms set forth in this Agreement and funded and subject to the <br /> terms of the Grant <br /> NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES, <br /> REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN AND OTHER GOOD AND <br /> VALUABLE CONSIDERATION, THE RECEIPT, SUFFICIENCY AND EXCHANGE OF WHICH IS <br /> HEREBY ACKNOWLEDGED THE PARTIES, INTENDING TO BE LEGALLY BOUND AGREE AS ° <br /> FOLLOWS <br /> 1 Construction of Park Improvements MidPen will retain L& D Construction to construct <br /> and install the Park Improvements more particularly described in the attached Exhibit B <br /> Page 1 of 6 <br />