FIG HOLDING - STREET IMPROVEMENT AGMT

~~ I 2. Work. Developer shall plan, finance and construct or shall parts is pate in an assessment district to construct the off-site public street improvements on Dublin Canyon Road and Foothill Road pursuant to plans by Bissell & Karn, Inc. entitled "Dublin Canyon Road Widening" and dated September 1981 and as approved by the City Engineer . The Developer shall dedicate to the City of Pleasanton for street right-of-way purposes, that parcel of land along the northerly frontage of the site necessary to effect the planned, future street widening of Dublin Canyon Road and as described in the legal de- scriptions and right-of-way plat prepared by Bissell & Karn, Inc. 3. The Developer hereby agrees that in the event that the three most northeasterly on-site parking tiers are constructed with this development that the Developer will be required to obtain an encroachment permit from the City prior to construction. The Developer hereby agrees that when, in the future, the Gity notifies the Developer in writing that street widening is required and that the encroachment permit is revoked that the Developer will remove and reconstruct the three parking tiers at his sole expense. 4. The completion of the off-site public street improvements on Dublin Canyon Road and Foothill Road intersection shall be com- pleted prior to occupancy of any structure on the subject site. 5. 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 ~s fixed by Ordinance. The City Engineer has tentatively fixed the inspection costs due upon execution of this agreement as follows: $25,326.40 6. Soils Report. Developer shall provide a preliminary soil report as required by Section 66490 of the Government Code. Said data shall be compiled by a qualified soils testing engineer without expense to the City. 7. Plans. All of said work. shall be done and materials furnished in strict accordance'~with the approved plans for said development filed with the City Engineer, and in accordance with the standard specifi- cations and details of the City of Pleasanton. 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. 8. Related Contracts and Proceedings. Any prior contracts between City and Developer and any prior approvals by Boards, Com- missions or Council of City shall not be affected by the provisions of this agreement unless specific modification is set forth herein. -2-