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IMPROVEMENT AGREEMENT <br /> <br />EAST AMADOR RELIEF SEWER WITHIN HACIENDA BUSINESS PARK <br /> <br />THIS AGREEMENT made and entered at Pleasanton, California this <br /> <br />by and between: <br /> <br />THE PRUDENTIAL INSURANCE COMPANY OF AMERICA <br />4637 Chabot Drive, Suite 203 <br />Pleasanton, CA 94566 <br /> <br />(hereinafter referred to as "Developer") and the CITY OF PLEASANTON, <br /> <br />a general law city, located in Alameda County, California, acting <br /> <br />through the Mayor and the City Clerk, (hereinafter referred to as <br /> <br />"City" ). <br /> <br /> WHEREAS, Developer has filed with Alameda County Recorder a <br />Parcel Map No. 3858 describing property in the City of Pleasanton; and <br /> <br /> WHEREAS, Developer desires to improve the sewer facilities <br />serving said property by constructing the East Amador Relief Sewer <br />within Hacienda Business Park, as more particularly shown on the <br />attached plans by Bissell & Karn, Inc. labeled Exhibit "A". <br /> <br /> NOW, THEREFORE, in consideration of the faithful performance of <br />the promises, terms, conditions and covenants set forth herein by <br />Developer and the approval of the map for recording by the City the <br />parties hereto agree as follows: <br /> <br /> 1. Time of Essence. Time is of the essence in the performance of <br />this agreement. The work and improvements required by this agreement <br />to be completed by Developer shall be completed within one (1) year <br />from the above-mentioned date of this agreement subject to delays <br />byond the control of Developer. <br /> <br /> The City shall extend the time for completion of improvements <br />hereunder, upon good cause being shown by the Developer. Any such <br />extension may be granted without notice to the Developer's surety, <br />and extension so granted shall not relieve the surety's liability <br />on the bond to secure the faithful performance of this agreement. <br /> <br /> 2. Work. Developer will do or cause to be done and performed <br />the following described work: <br /> <br /> Improvements pursuant to Plans entitled Improvement Plans, <br /> East Amador Relief Sewer Within Hacienda Business Park, <br /> Pleasanton, California, prepared by Bissell & Karn, dated <br /> January, 1984. <br /> all as more oarticu!arly shown on the plans attached as Exhibit "A". <br /> <br /> <br />