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<br />REIMBURSEMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN <br />LEANDRO AND THE JOHN BENJAMIN COMPANY FOR THE COST OF ENVIRONMENTAL <br />CONSULTING SERVICES FOR PROPERTY IN THE WEST SAN LEANDRO/MACARTHUR <br />BOULEVARD REDEVELOPMENT PROJECT AREA <br /> <br />This Reimbursement Agreement ("Agreement") is entered into effective as of March 1'1 , 2007 <br />("Effective Date") by and between the Redevelopment Agency of the City of San Leandro, a public body, <br />corporate and politic ("Agency") and the John Benjamin Company, a California corporation ("Developer"). <br />Agency and Developer are hereinafter collectively referred to as the "Parties." <br /> <br />RECITALS <br /> <br />A. The economic growth and redevelopment of MacArthur Boulevard within the West San <br />Leandro/MacArthur Boulevard Redevelopment Project Area is a priority of the City of San Leandro and the <br />Agency. <br /> <br />B. The Agency has recently invested a substantial amount of redevelopment funds for the <br />development and improvement of the streetscape on MacArthur Boulevard. <br /> <br />C. The Agency has identified certain properties on MacArthur Boulevard as being necessary <br />to the continued investment in and improvement on and around Macarthur Boulevard. <br /> <br />D. The Agency has deemed it appropriate to provide limited financial assistance for <br />environmental remediation and/or environmental testing to the owners and/or developers of properties <br />burdened with potential and/or confirmed environmental afflictions. <br /> <br />E. The Developer has the option to purchase that certain real property located at 326-340 <br />MacArthur Boulevard, San Leandro and known as Alameda County Assessor's Parcel Nos 076 0316 014 <br />01 and 076 0316 012 01 (the "Property"). <br /> <br />F. Developer intends to retain a consultant(s) ("Consultant") to conduct certain <br />environmental analysis of the Property, including but not limited to the preparation of Phase I and/or Phase <br />II environmental studies ("Environmental Studies"). <br /> <br />G. In accordance with the terms and conditions set forth in this Agreement, Agency has <br />agreed to reimburse Developer for funds expended by Developer for Environmental Studies related to the <br />Property. <br /> <br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged, the Parties agree as follows: <br /> <br />1, <br />reference. <br /> <br />Recitals. The foregoing Recitals are true and correct and hereby incorporated by <br /> <br />2. Developer to Retain Consultant. As a necessary and indispensable part of its fact <br />finding process relating to the environmental condition of the Property, the Developer shall retain, by means <br />of contracts ("Consultant Contract"), the services of Consultant(s). Developer shall provide to Agency the <br /> <br />Reimbursement Agreement <br />