RES 84577 - Laserfiche WebLink

IMPROVEMENT AGREEMENT ORLOFF PARK IMPROVEMENTS THIS AGREEMENT made and entered into at Pleasanton, California this day of , 1984, 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 cit~, 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 long-term agreements for this property on February 14, 1972 and June 21, 1976; and WHEREAS, said agreements, in part, require Developer to dedicate park land and construct park improvements on said park land as more particularly shown on the attached plans and specifications by The Environmental Center, labeled Exhibit "A". WHEREAS, PUD-83-18 conditions Developer to provide additional in-kind park improvements for the deficit in park area between 8.54 acres required by the original PUD and the 8.12 acres proposed by Developer. 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 within one year from the date of this Agreement, 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.