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REPAIR AGREEMENT AND PERMISSION TO ENTER This Repair Agreement and Permission to Enter("Agreement") is entered into as of the date of execution below by Sycamore Funding Development Company, Inc, a California Corporation("Sycamore Funding"), and the City of Pleasanton("Pleasanton"). RECITALS A. Sycamore Funding is the developer of infrastructure improvements within the North Sycamore Specific Plan dated June 1992 ("Specific Plan"). The members of Sycamore Funding are identified in the Specific Plan as Funding Developers for the infrastructure installation. B. Pursuant to the Specific Plan, the Funding Developers were responsible for construction of a Water Tank and a Water Tank Access Road to be located on the Lund Ranch Property which is a property located within the North Sycamore Specific Plan Area. Sycamore Funding acted as the general contractor for construction of the Water Tank and a Water Tank Access Road. Construction of the Water Tank Access Road included construction of storm drain systems that released storm drain water onto the Lund Ranch Property. Upon completion of construction, Pleasanton assumed maintenance responsibility for the Water Tank and Water Tank Access Road. C. The owners of the Lund Ranch Property granted to Pleasanton an easement over the Lund Ranch Property for maintenance of the Water Tank Access Road. D. Sycamore Funding and Pleasanton have become aware that storm drain water from the Water Tank Access Road is causing erosion to a portion of the Lund Ranch Property. E. Sycamore Funding and Pleasanton investigated the condition and determined that storm drain water from the Water Tank Access Road caused erosion to occur on a portion of the Lund Ranch Property. Sycamore Funding and Pleasanton have agreed upon a scope of work, as set forth below, to address the erosion that occurred on the Lund Ranch Property, and to reduce the possibility that storm drain water from the Water Tank Access Road will cause future erosion to the Lund Ranch Property("Scope of Work"). F. Sycamore Funding and Pleasanton by this Agreement confirm that they have agreed to the Scope of Work to be performed to the Water Tank Access Road and Lund Ranch Property and have agreed to a sharing of the costs to perform the Scope of Work. THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES, REPRESENTATIONS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Sycamore Funding and Pleasanton agree that Sycamore Funding and/or its contractors shall perform the Scope of Work as set forth in the report dated December 6, 2007 and revised August 28, 2008 prepared by Engeo Incorporated ( a copy of which is attached as an exhibit)referred to herein as the "Scope of Work". Any changes to the scope of work are to be approved by Sycamore Funding and Pleasanton. Page 1 of 4