RES 84330 - Laserfiche WebLink

IMPROVEMENT AGREEMENT VALLEY AVENUE SOUNDWALL, WALKWAY AND LANDSCAPE IMPROVEMENTS - SANTA RITA ROAD TO HOPYARD ROAD THIS AGREEMENT made and entered into at Pleasanton, California this by and between: Morrison Homes, A Delaware Corporation 2255 Contra Costa Boulevard Pleasant Hill, California 94523 (hereinafter referred to as "Developer") and the CITY OF PLEASANTON, a general law city, located in Alameda County, California, acting through the Mayor and the City Clerk, (hereinafter referred to as "City"). WHEREAS, Developer has filed with Alameda County Recorder a final map, Tract 5224, Danbury Park, describing property in the City of Pleasanton; and WHEREAS, Developer has entered into a Long-Term Agreement for this property on November 22., 1984; and WHEREAS, said agreement, in part, required Developer to construct a soundwall on both sides of Valley Avenue between Santa Rita Road and Hopyard Road as well as construct a six-foot wide sidewalk along the north right-of-way and necessary landscape and irrigation within the same limits, except median island as more particularly shown on the attached plans by The Environmental Center and MacKay & Somps labeled Exhibit "A". NOW, THEREFORE, in consideration of the faithful performance of the promises, terms, conditions and covenants set forth herein by Developer and the approval of the map for recording by the City 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 Developer shall be completed by September 15, 1984 subject to delays beyond the control of Developer. The City shall extend the time for completion of improvements hereunder, upon good cause being shown by the Developer. Any such extension may be granted without notice to the Developer's surety and extension so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement.