KNUPPE, MIKE / KN ST JOHN - Laserfiche WebLink

/►, CONDITION OF APPROVAL SATISFACTION AGREEMENT THIS CONDITION OF APPROVAL SATISFACTION AGREEMENT (the "Agreement") is entered into November Z4,2019, by and between MIKE KNUPPE, KN ST JOHN LP (the "Developer") and the CITY OF PLEASANTON, a municipal corporation, (the "City"). RECITALS WHEREAS, Developer received approval for a development project by City of Pleasanton Ordinance No. 2151, for Case PUD-120 where Condition of Approval Number 53 requires that"The applicant shall install slurry seal on St. John Street from lip of gutter to street centerline, after completion of utility undergrounding and frontage improvements, prior to acceptance of improvements." ("CoA#53"); and WHEREAS, Developer is ready to do the slurry seal work required by CoA#53, notwithstanding that PG&E is not currently prepared to proceed with the utility undergrounding; and WHEREAS, City also plans roadway surface improvements to the public streets in front of and around Developer's project, and the City has determined that it would be better to combine the City's planned work with the work required by CoA#53, and the City's proposed work is currently scheduled for Spring 2020; and WHEREAS, the parties agree that if Developer pays the City the estimated cost of the work required by CoA#53, then that payment shall satisfy CoA#53, and the City shall use those funds for the larger City work in Spring 2020. NOW, THEREFORE, in exchange for valuable consideration, the parties hereto agree as follows: 1. Payment by Developer Satisfies Condition of Approval. Based on a written proposal from a qualified contractor, the City has determined that the Developer's payment of$10,000 to the City satisfies CoA#53. Parties agree that Developer shall not be liable for any further costs for the work required by CoA#53, even if when the City undertakes that work plus additional City work as described in Section 2, below, the costs increase. 2. Work by City. In the Spring of 2020, or such other time within the City's reasonable discretion based on scheduling and contractor availability, the City shall cause a contractor to perform several full depth pavement repairs on Peters between St Mary and St John, and on St John between Main Street and the west end cul-de-sac. Following these pavement repairs, the City shall have a contractor crack seal, slurry seal curb to curb on these same streets, and reinstall the pavement markings. This work encompasses the work required by CoA#53, as well as additional City work, and City shall use the payment from Developer in Section 1, above, to fund part of this work. The remaining cost shall be paid by the City. The parties agree that City controls the timing and scope of this work, and that the City shall hire and manage the contractor. Page 1 of 2 r Y'`