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NOW, THEREFORE, in consideration of the faithful performance of the <br />promises, terms, conditions and covenants set forth herein by Subdivider and the <br />approval of the map for recording by the City, the parties hereto agree as follows: <br /> <br /> 1. Time of Essence. Time is of the essence in the performance of this <br />Agreement. The work and improvements required by this Agreement to be completed by <br />Subdivider shall be completed within one (1) year from the above-mentioned date of this <br />Agreement. <br /> <br /> The City may extend the time for completion of improvements hereunder, upon <br />good cause being shown by the Subdivider. Any such extension may be granted without <br />notice to the Subdivider's surety, any extension so granted shall not relieve the surety's <br />liability on the bond to secure the faithful performance of this Agreement. <br /> <br /> 2. Work. Subdivider will do or cause to be done and performed the <br />following described work: Improvements pursuant to plans entitled "Improvement Plans, <br />Tract 5904, Pleasanton, California," prepared by Alexander & Associates, approved by <br />the City Engineer January 2005. <br /> <br /> 3. Inspection. City shall inspect all of said work through an inspector <br />employed by City at the cost and expense of Subdivider, and Subdivider shall pay City <br />the cost of such inspection as fixed by Ordinance. <br /> <br /> The City Engineer has tentatively fixed the inspection costs due upon execution of <br />this agreement as follows: <br /> <br /> $58,638 <br /> <br /> 4. Soils Report. Subdivider shall provide a preliminary soils report as <br /> required by Section 66490 of the Government Code. Said data shall be compiled by a <br /> qualified soils testing engineer without expense to the City. <br /> <br /> 5. Plans. All of said work shall be done and materials furnished in strict <br /> accordance with the approved plans for said tract filed with the City Engineer, and in <br /> accordance with the standard specifications and details of the City of Pleasanton. It is <br /> further understood that the work and materials shall be under the supervision of the City <br /> Engineer, and performed and installed to his satisfaction. <br /> <br /> 6. Related Contracts and Proceedings. Any prior contracts between City and <br /> Subdivider and any prior approvals by Boards, Commissions or Council of City shall not <br /> be affected by the provisions of this Agreement unless specific modification is set forth <br /> herein. <br /> <br /> 7. Security. On signing this Agreement, the Subdivider shall present to the <br /> City and file with the City Clerk, improvement security as defined in Section 66499 of <br /> <br /> SUBDIVISION AGREEMENT <br /> TRACT NO. 7385, AVIGNON, PLEASANTON <br /> Page 2 of 8 <br /> <br /> <br />