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WHEN RECORDED RETURN TO: <br />City Attorney <br />P. O. Box 520 <br />Pleasanton CA 94566 <br /> <br /> PUBLIC IMPROVEMENT AGREEMENT <br /> <br /> OAK HILL SHOPPING CENTER, PLEASANTON <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> THIS AGREEMENT made and entered at Pleasanton, California <br />this day of , 1988, by and between: <br /> <br /> PLEASANTON C & R ASSOCIATES, <br /> a California Limited Partnership, <br /> CONNOLLY DEVELOPMENT INC., General Partner <br /> 1771 Stockton Boulevard <br /> Sacramento CA 95816 <br /> <br />(hereinafter referred to as "Developer") and the CITY OF <br />PLEASANTON, a general law city, located in Alameda County, <br />California, acting through the City Manager and the City Clerk, <br />(hereinafter referred to as "City"). <br /> <br /> WHEREAS, Developer has approved plans for a commercial <br />development on Sunol Road between Junipero Street and Mission <br />Drive, lying within the boundaries of the City, and approved by <br />the Planning Commission and the City Council; and <br /> <br /> WHEREAS, Developer has presented improvement plans entitled <br />"Plan for the Improvement of Sunol Blvd., Mission Dr., and <br />Junipero Dr. for Connolly Development," designed by Kier & <br />Wright, dated January, 1988, a copy of said plans is on file in <br />the office of the City Engineer, and by reference is included in <br />this agreement for all purposes as if attached hereto; and <br /> <br /> WHEREAS, said plans designate construction of public <br />improvements, to be accepted by the City, and Developer intends <br />to dedicated these improvements set forth in the above referenced <br />improvement plans to the City; and <br /> <br /> WHEREAS, as a condition precedent to accepting Developer's <br />offer of dedication, City requires the public improvements <br />including installation or extension of certain City services at <br />Developer's expense and certain protections for the City on <br />behalf of the public. <br /> <br /> NOW, THEREFORE, in consideration of the faithful performance <br />of the promises, terms, conditions and covenants set forth herein <br />by Developer the parties hereto agree as follows: <br /> <br /> 1. Time of Essence. Time is of the essence in the <br />performance of this agreement. The work and improvements <br />required by this agreement to be completed by Developer shall be <br /> <br /> - 1 - <br /> <br /> <br />