RUBY HILL DEVELOPMENT MEDICAL/FIRE

REIMBURSEMENT AGREEMENT FOR IMPROVEMENTS Ruby Hill Emergency MedicaUFire Facility THIS AGREEMENT is entered into at Pleasanton, California, this 3rd day of October, 2000, by and between the CITY OF PLEASANTON, a general law city, ("City"), RUBY HILL DEVELOPMENT JOINT VENTURE, L.P., a California limited partnership ("Developer"). A. Developer is the developer of certain real property in the City of Pleasanton, County of Alameda, State of California, commonly known as "Ruby Hill", consisting of approximately 1800 acres ("Property"). B. As to the Property, Developer has obtained and will continue to obtain City approval of final subdivision maps, consisting of a total of 850 residential lots on the Property. C. In connection with the development of the Property, Developer is required to construct or cause to be constructed certain improvements ("the Improvements"), namely an emergency medical/fire facility and other improvements related thereto, that will benefit the Property and other properties more fully described below. D. Pursuant to the Subdivision Map Act (Government Code section 66410, et sec .,), Developer is entitled to reimbursement for certain costs for the Improvements and City is willing to administer the reimbursement of costs to Developer as set forth herein. NOW, THEREFORE, it is agreed as follows: 1. Improvements. Developer has constructed the Improvements described in more detail on the attached Exhibit A, at a final cost as shown on Exhibit A. 2. Principles of Reimbursement. The Improvements will benefit other property owners as well as the Developer. Because the Improvements benefit other property owners, Developer is entitled to be reimbursed from these property owners for their pro rata share of the final construction costs of the Improvements. Developer's share of the cost of the Improvements shall be deemed contributed upon their acceptance by the City Council, subject to reimbursement as herein provided. 3. Ownership of Improvements. Pursuant to the Subdivision Agreement between the City and Developer, City shall own the Improvements after the City accepts the Improvements. 4. Benefit Area. The properties that will benefit from the Improvements ("the Benefit. Area") shall include those properties shown on the attached Exhibit B. Within the Benefit Area, it is anticipated that approximately 991 dwelling units (including the 850 dwelling units on the Property) will benefit from the Improvements. From time to time as the City deems necessary, this number may be adjusted by the City to reflect more accurately the actual number