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WHEREAS On Mazch 29 2005 the Planning Commission adopted Resolution OS 04
to approve larid use entitlements for Mossdale Landing Business Park consisting of apprmtimately
184 acres including ten commercial buildings totaling approsimately 241 000 square feet the
ProjecP and
T
WHEREAS Pursuant to the Development Agreement and the conditions of the
CTI Ys approval of land use entitlements for the Project including but not limited to Deferted
Frontage Improvement Aoeement310 for Manthey Road and Towne Centre Drive dated December
20 2008 TCN was required to complete among other improvements landscaping improvements
along the west side of Manthey Road from Towne Centre to Brookhurst Landscape
Improvements and
U
WHEREAS TCIrT entered into an agreement with VAI LEY on or about Mazch 9
2009 whercin VALLEY agreed to complete the required Landscape Improvemcnts ataotal cost of
78 970 as detailed in the written contract commonly referred to as the Mossdale Landin Business
Park Manttiey Road pvblic works project job number 1451 che contracY a copy of which is
attached hereto as Exhibit D and
V
WHER AS VALLEY partially completed the Landscape Improvements pursuant to
the contract but paused work on the contract when TCI failed to pay VALLEY VALLEY timely
and properly served a preliminary 20 day notice to TCN and CIT Yre azding TCN s failure to pay
VALLEY then served upon CITY a verified stop notice in the form and time prescribed by law
W
Whereas Subsequently VALLEY filed an action in San Joaquin County Superior
Court Case No39 2010 00252352 CU BGSTK entitledtalley Landscapi eg and Mainrenance
Inc vs TCN Properties LP et al the Action seeking to recover money owed to VALLEY plus
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