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Ruggeri-Jensen-Azar; Pleasanton, CA and approved by the Alameda County on and approved by the City Engineer on 2017, and a. Developer must comply with State NPDES requirements for the Work on the Property and for work within Public Right of Way and Alameda County Fair Ground. b. Prior written approval by the City Engineer, or his or her designee, is required before any modifications can be made to the Work. 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 Developer shall be completed within one (1) year from the later of: (a) the above-mentioned date of this Agreement; or (2) the date of recording of the Tract Map. At the discretion of the City Engineer, City may extend the time for completion of improvements hereunder, upon good cause being shown by the Developer. 3. Storm Water Responsibility. Developer shall be responsible for implementing and maintaining the Erosion Control for the Work as per Pleasanton Municipal Code Chapter 9.14, State law and as required by the Project QSD (Qualified SWPPP (Storm Water Pollution Prevention Plan) Developer) and the City Engineer. 4. Inspection. City shall inspect all of said work through an inspector employed by City at the cost and expense of Developer, and Developer shall pay City the cost of such inspection as fixed by Ordinance. The City Engineer has estimated the inspection costs and Developer shall deposit $38,993.80 with City, which is due upon execution of this Agreement. 5. Soils Report. Developer shall provide a preliminary soils report as required by Government Code §§66490 et. seq. without expense to the City. 6. Plans. All of said Work shall be done and materials furnished in strict accordance with the approved plans for said Tract Map filed with the City Engineer, and in accordance with the standard specifications and details of the City of Pleasanton dated November 2016. 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. 7. Security. On signing this Agreement, Developer shall present to the City and maintain security in the form of a labor and material bond and a performance bond, each in the amount of 100% of the total estimated cost of work for off-site improvements as per bond estimate dated April, 2017 and May 2, 2017 which is in the amount of nine hundred thirty eight thousand dollars ($938,000). If Developer submits a cashier's check as security, Developer waives all right to any interest that may be earned while such security is held by the City. Off-Site Improvement Agreement—PUD-99,Tract 8317, Rose Avenue Estates Page 2 of 6