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c o~- ~ <br />REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF <br />INFRASTRUCTURE RELATED TO THE REALIGNMENT OF VINEYARD <br />AVENUE <br />THIS AGREEMENT is entered into at Pleasanton, California, this /`~~' <br />day of ~, 2003, between the City of Pleasanton, a general law city, (``City'') <br />and Greenbriar Homes Communities, Inc. (the "Construction Manager''). <br />Recitals <br />A. City adopted the Vineyard Corridor Specific Plan (the "Specific <br />Plan") in June 1998 to guide future development within the Specific Plan's <br />boundaries; a key element of the Specific Plan is the realignment of Vineyard <br />Avenue. <br />B. City and the Construction Manager have explored options to fund <br />and construct improvements, including the grading of the realigned Vineyard <br />Avenue. <br />D. Construction Manager is willing to arrange for a licensed general <br />contractor ("the General Contractor'') to construct infrastructure related to the <br />realignment of Vineyard Avenue, subject to the City's reimbursing it for the costs <br />associated therewith. <br />NOW, THEREFORE, it is agreed as follows: <br />1. Improvements. Construction Manager shall construct or cause to be <br />constructed the grading and related improvements described in the Plans and <br />Specification by Ruggeri, Jensen, Azar for the Improvement Plans of Vineyard <br />Avenue Realignment, dated Apri14, 2003, along with Arch culvert plans dated <br />Apri123,2003, school loop plans dated April 25, 2003, and mitigation and <br />monitoring Plan dated May 15, 2002 (collectively, "the Improvements'). All of <br />the above referenced plans are on file with the Department of Public Works of the <br />City and which are incorporated herein by this reference. The Improvements <br />shall be completed within 150 working days from the date that City issues to the <br />Construction Manager a notice to proceed. The completion date may be extended <br />due to events beyond the control of the Construction Manager as may be <br />determined in the reasonable judgment of the City. <br />2. Reimbursement. City shall reimburse Construction Manager for the <br />Improvements actually constructed. Attached is Exhibit A that sets forth the <br />estimated cost of Improvements, including, on some line items, the estimated <br />X:WDMIN\1'GSM\Council 2003\Vineyard Ave Improvement Reim Agreement attach sr 03 I74.doc <br />