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r~ <br />A G R E E M E N T <br />THIS AGREEMENT is made and entered <br />1982, by and between PONDEROSA HOMES, a <br />partnership (hereinafter referred to as <br />C . HANSErI and AP:N MARIE MIX (hereinaf te: <br />and the CITY OF PLEASANTON, a municipal <br />referred to as "City") . <br />into on September ~ ~, <br />California general <br />"Developer"), HOWARD <br />r referred to as "Owner") <br />corporation (hereinafter <br />R E C I T A L S <br />1. Developer is the optionee and Owner is~owner and. <br />optionor of an approximately 187 acre unimproved parcel of <br />land located generally west of Hopyard Road and northwest <br />of Valley Avenue in the City of Pleasanton, containing <br />approximately 480 feet of frontage on Hopyard Road, a public <br />street (hereinafter referred to as "subject property"). Developer <br />intends to develop the subject property and, as part of the <br />ordinary developer obligation for improving adjacent thorough- <br />fares, Developer would be obligated to improve a portion of <br />Hopyard Road concurrent with the development of the subject <br />property. <br />2. As a result of planned industrial and commercial <br />development in the North Pleasanton area, the immediate need to <br />widen and improve Hopyard Road and other north Pleasanton area <br />streets has become apparent, and an assessment district including <br />all benefitting properties, including the subject property, <br />was proposed which would finance the construction of these <br />improvements. <br />3. City subsequently agreed to remove the subject property <br />from the proposed assessment district if ~n agreement could <br />