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ATTACHMENT 5 <br /> SUBDIVISION AGREEMENT <br /> Tract 8259 <br /> This Subdivision Agreement ("Agreement") is made and entered into this day of <br /> 2018,by and between, Ponderosa Homes II, Inc., 5020 Franklin Drive, Ste. 200 <br /> Pleasanton, CA 94588 ("Subdivider") and the City of Pleasanton, a general law city("City"). <br /> RECITALS <br /> WHEREAS, Subdivider has a City-approved planned unit development plan PUD-113 <br /> and vesting tentative map for Tract 8259 (the ("Tract") for the development of 36 single-family <br /> homes, a private clubhouse with a parking lot, a public restroom, and related site improvements <br /> located at 6900 Valley Trails Drive (the "Site"); and <br /> WHEREAS, all or a portion of the area of the vesting tentative map is presented as a <br /> "final map," and a copy of said map is on file in the office of the City Engineer, and by reference <br /> is included in this Agreement for all purposes as if attached hereto; and <br /> WHEREAS, said map and subdivision of land designates private streets and public <br /> easements and public ways for the City, and Subdivider proposes to dedicate this land as set <br /> forth in the final map to the City; and <br /> WHEREAS, as a condition precedent to accepting this offer of dedication by Subdivider, <br /> City requires the improvements of the public ways, installation or extension of certain City <br /> services at Subdivider's expense and certain protection for the City on behalf of the public; and <br /> WHEREAS, as mitigation measures and conditions of approval for PUD-113 and the <br /> Tract, Subdivider must also construct public and private improvements on the site and public <br /> improvements off the site which also benefit off-site properties. <br /> NOW, THEREFORE, in consideration of the faithful performance of the promises, <br /> terms, conditions and covenants set forth herein by Subdivider, the parties hereto agree as <br /> follows: <br /> 1. Time of Essence. Time is of the essence in the performance of this Agreement. The work <br /> and improvements required by this Agreement to be completed by Subdivider shall be completed <br /> within one (1) year from the above-mentioned date of this Agreement. <br /> The City may extend the time for completion of improvements hereunder, upon good cause <br /> being shown by the Subdivider. Any such extension may be granted without notice to the <br /> Subdivider's surety; any extension so granted shall not relieve the surety's liability on the bond to <br /> secure the faithful performance of this Agreement. <br /> 2 . Work. Subdivider will do or cause to be done and performed the following described work: <br />