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b. Prior written approval by the City Engineer,or his or her designee, is required before any modifications can be made to the Work. B. Landscaping plans prepared by Thomas Baak and Associates and Joint Trench Plans approved by the City Engineer on 2. Time of Essence. Time is of the essence in the performance of this Agreement. The work and improvements required by this Agreement to be completed by Owner shall be completed within one(1)year from the above- mentioned date of this Agreement. At the discretion of the Community Development Director,the City may extend the time for completion of improvements hereunder, upon good cause being shown by the Owner. 3. Trees. To fulfill the requirements of PUD-94 regarding trees on the Property,Owner shall submit with this Agreement the following: a. A cashier's check payable to the City of Pleasanton in the amount of Twenty Four Thousand Four Hundred Fifty Dollars($24,050)pursuant to PUD-94,Condition of Approval No. 27,for payment into the City's Urban Forestry Fund to mitigate for trees being removed as part of the Work on the Property. b. A cashier's check, letter of credit,or other security satisfactory to the Director of Community Development or his or her designee for Twenty Five Thousand Dollars($25,000)pursuant to PUD-94 Condition of Approval No. 82 as security for preservation of designated trees on the Property. Such security shall be released one year after completion and the City's acceptance of all planned improvements and final inspection of all buildings on the Property. If Owner submits a cashier's check as security,Owner waives all right to any interest that may be earned while such security is held by the City. 4. Storm Water Responsibility. Owner shall be responsible for implementing and maintaining the SWPPP for the Work as provided in the Grading Plan,Pleasanton Municipal Code Chapter 9.14 and State law. 5 Inspection. City shall inspect all of said work through an inspector employed by City at the cost and expense of Owner,and Owner shall pay City the cost of such inspection as fixed by Ordinance. The City Engineer has estimated the inspection costs(which shall later be adjusted to reflect actual costs)and Owner shall deposit with City$18,000 which is due upon execution of this Agreement. 6. Soils Report. Owner shall provide a preliminary soils report as required by Government Code §§66490 et. seq. Said data shall be compiled by a qualified soils testing engineer without expense to the City. 7. Plans. All of said work shall be done and materials furnished in strict accordance with the approved plans for said tract filed with the City Engineer,and in accordance with the standard specifications and details of the City of Pleasanton. It is further understood that the work and materials shall be under the supervision of the City Engineer, and performed and installed to his satisfaction. 8. Security. On signing this Agreement,Owner shall present to the City and maintain security in the form of cashier's check,letter of credit,or other security satisfactory to the Director of Community Development or his or her designee in the amount of Ten Thousand dollars($10,000),which is the estimated cost of the Work,erosion control, hazard elimination and implementation of the SWPPP. If Owner submits a cashier's check as security, Owner waives all right to any interest that may be earned while such security is held by the City. In the event of any breach by the Owner, City may use the security to implement necessary erosion control, hazard elimination, and SWPPP requirements,and prosecute the same to completion by any method that the City deems advisable. Said work shall be for the account and at the expense of the Owner. Owner shall be liable to the City for any excess costs or damages suffered by the City. Improvement Agreement—Tract 8139 Page 2 of 5