PONDERSOA HOMES - FIRST CARBON - Laserfiche WebLink

DocuSign �:hvelope 0: BE74E31 B-F73A-4A43-A0 1D4E6CBC6F5 REIMBURSEMENT AGREEMENT This Reimbursement Agreement ("Agreement") is entered into on September 19, 2023 between the City of Pleasanton, a general law city ("City") and Ponderosa Homes ("Developer"). RECITALS A. Developer has an interest in four parcels totaling approximately 128.5 acres located at 10807, 11021 and 11033 Dublin Canyon Road and the parcel west of 11021 Dublin Canyon Road in the City of Pleasanton, County of Alameda, State of California (the "Property"). B. Developer and City had a previous Reimbursement Agreement established in relation to the City's original professional services agreement with First Carbon Solutions for preparation of an EIR pursuant to CEQA for the Developer's proposed residential subdivision on the Property. The terms of this original Reimbursement Agreement have been met, with Developer having fully reimbursed City for costs incurred to date under the First Carbon agreement. The remaining unliquidated costs under the original professional services agreement are incorporated into this Agreement. C. On September 19, 2023, the City approved a second amendment to the professional services agreement with First Carbon Solutions for additional work related to the preparation of the EIR for the Developer's proposed project. D. Developer agrees to reimburse City for the cost of First Carbon's services. NOW, THEREFORE, in exchange for valuable consideration, the parties agree as follows: Section 1. Reimbursement of Third -Party Consulting Costs. First Carbon has been retained by the City to prepare the EIR related to this project. The remaining work agreed to be reimbursed under the original First Carbon professional services agreement and first amendment, and original Reimbursement Agreement with Developer, is $86,649.08. The second amendment to the professional services agreement with First Carbon Solutions will increase the total remaining consulting costs for reimbursement. The description of the proposed scope of work and estimate of costs for the second amendment is attached hereto (and incorporated herein as if set forth in full) as Exhibit A (the "Eligible Consulting Costs"). During the term of this Agreement, Developer agrees to reimburse City for the Eligible Consulting Costs. Section 2. Manner of Reimbursement. Payment for Eligible Consulting Costs shall be made as follows: Owner shall pay within thirty (30) days of the Owner's receipt of an invoice from the City. All invoices shall be provided by City pursuant to the notice requirements of Section 6, below. Once received, Owner shall review each invoice to confirm the costs set forth therein are Eligible Consulting Costs. The City hereby directs that any Eligible Consulting Costs due to the City pursuant to this Agreement shall be payable to the City of Pleasanton and mailed to: Attention: Natalie Amos, Associate Planner City of Pleasanton Planning Division