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REIMBURSEMENT AGREEMENT <br /> Irby Ranch Sunflower Hill Site Gas Service <br /> This Reimbursement Agreement("Agreement") is entered into on,DC(e yhV-U.v , 2019 <br /> by and between MERITAGE HOMES OF CALIFORNIA, INC., a California corporation <br /> ("Meritage"), SUNFLOWER IRBY, L.P., a California Limited Partnership("Sunflower"), and the <br /> CITY OF PLEASANTON, a municipal corporation("City"), each also individually referred to as <br /> "Party" and collectively referred to as the "Parties". <br /> Recitals <br /> A. Meritage is the developer of real property located in the City of Pleasanton, County of <br /> Alameda, State of California, commonly known as The Homestead at Irby Ranch(the 'Property"). <br /> B. Sunflower is leasing, constructing and will operate a housing development for special <br /> needs adults on adjacent real property (the "Sunflower Hill Project"). <br /> C. Meritage and Sunflower desire to coordinate gas service work approved by PG&E that <br /> will benefit the Property and the Sunflower Hill Project, and the City finds that such work also <br /> benefits the public. <br /> NOW,therefore, in exchange for valuable consideration,the receipt of which is hereby <br /> acknowledged, Meritage, Sunflower and City agree as follows: <br /> 1. Equally Shared Cost of Gas Service Proposal Work. In connection with the development of <br /> the Property and the Sunflower Hill Project, Meritage, Sunflower and City have agreed to <br /> equally share the cost of the Irby Ranch Sunflower Site—Gas Service Proposal from MCH <br /> Electric dated November 14, 2019 (REV. 2), attached as Exhibit A, (the "Gas Service <br /> Proposal Work") which improvements benefit the Property,the Sunflower Hill Project and <br /> the public. <br /> 2. Meritage Management of Gas Service Proposal Work. Meritage shall be responsible for the <br /> management of the Gas Service Proposal Work, including award of contract, contractor <br /> management, change orders and payment of contractor. <br /> Meritage shall have the selected contractor, MCH Electric, name Sunflower and the City as <br /> an additional insured for all insurance and indemnification provisions related to on the Gas <br /> Service Proposal Work. <br /> 3. Contingency, Change Orders and Inspection. <br /> a. The Parties agree that up to a ten percent(10%) contingency shall be included as part <br /> of equally shared cost obligation in addition to the $40,755 set forth in Exhibit A. <br /> i. Meritage is authorized to execute change orders with MCH Electric for this <br /> Gas Service Proposal Work up to this contingency amount after advising: <br /> Reimbursement Agreement Page 1 of 4 <br />