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• < <br />.QC~~~~~t c,~ - PA~~i- <br />SUBDIVISION AGRr.Ei~IEI:T a~,EGINpL <br />• TRACTS ?)0. 47G8 and 5065; Foothill Knotls <br />Pleasanton, Alameda Count~~, California <br />THIS AGREEt•IEr:T made and entered at rleasanton, California this <br />27th day of September. 1983 by and between: <br />Howard Mark Co. <br />25431 Cabot Road, Suite 202 <br />Laguna Hills, California 92653 <br />(hereinafter referred to as "Subdivider") and the CIT1 OF PLEASANTO:~', <br />a general law city, located in Alameda County, California, acting <br />through the City rianager and the City Clerk, (hereinafter referred to <br />as "City"). <br />WHEREAS, Subdivider has a tentative map for said tract, lying <br />within the boundaries of the City; duly approved by the Planning <br />Commission or the City Council; and <br />WHEREAS, all or a portion of the area of the tentative map is <br />presented as a "final map," a copy of said map is on file in the <br />office of the City Engineer, and by reference is included in this <br />agreement for all purposes as if attached hereto; and <br />WHEREAS, said map and subdivision of land designates streets, <br />easements and public ways for the City, and Subdivider proposes to <br />dedicate this land set forth in the final map to the City; and <br />WHEREAS, as a condition precedent to accepting this offer of <br />dedication by Subdivider, City requires the improvements of the public <br />ways, installation or extension of certain City services at Subdivider's <br />expense and certain prctec~ics for the City on behalf of the public. <br />NO~~, THEREFORE, in consideration of the faithful performance of <br />the promises, terms, cond~tior.s and covenants set forth herein b~~ <br />Subdivider and the appro~~al of the map for recording by the City+ <br />the parties hereto agree as follot•rs: <br />1. Time of Essence. Tie is of the essence in the performance <br />of this agreement. Tr:•~ ~.or'; a :d improvements required by this agree- <br />ment to be completed b,~ S~1h-.ii•~ i;:er shall be co:.~pleted within one (1) <br />year from the above-r;;~-:~; ~-:>: cate of this agreement. <br />The City may exter.~ -_ .~ ~i:-:e for completion of improvements <br />hereunder, upon good ca;:_~_ :,_,-;g shown by the Sut~divider. Any such <br />extension may be granted ;ri~h~;at notice to the Subdivider's surety, and <br />extension so granted shah ::ot relieve ttie surety's liability on the <br />bond to secure the faithful performance of this agreement. <br />