RES 85317 - Laserfiche WebLink

IMPROVEMENT AGREEMENT TAWNY-BERNAL PARK (T) IMPROVEMENTS PLEASANTON, ALAMEDA COUNTY, CALIFORNIA THIS AGREEMENT is made and entered this 2nd day of July , 1985 by and between: Ken Earp Investments 22762 Main Street Hayward, CA 94541 (hereinafter referred to as "Developer") and the CITY OF PLEASANTON, a municipal corporation (hereinafter referred to as "City"). WHEREAS, the City desires to have a park near the intersection of Bernal Avenue and Tawny Drive; and WHEREAS, Developer recently purchased properties from Val-West, Inc., and therefore agrees to assume all the obligations of Val-West's long-term agreement; and WHEREAS, the City, through a Long-Term Agreement with Castlewood Properties, shall take possession of a 3.75 + acres park site at and near the intersection of Tawny Drive and Bernal Avenue (hereinafter "Park") as of August 1, 1985; and WHEREAS, the Developer, under conditions of their Long-Term Agreement shall construct the Park upon receipt of plans and specifications from the City; and WHEREAS, the City has completed plans and specifications for the Park and will submit them to Developer by July 3, 1985. NOW, THEREFORE, in consideration of the faithful performance of the promises, terms, conditions and covenants set forth herein, the parties hereto agree as follows: 1. Time of Essence. Time is of the essence in the performance of this agreement. The work and improvements required by this agreement to be completed by the Developer shall be completed by October 15, 1985, subject to weather delays and Acts of God. The Director of Public Works of the City shall extend the time for completion of improvements upon good case being shown by the Developer, including delays due to inclement weather. Any - 1 -