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NOW THEREFORE, ~n consideration of the f~thful performance <br />of the promises, terms, conditions and covenants set forth herein <br />by Subdivider and the approval of the map for recording by the <br />City the parties hereto agree as follows: <br /> <br /> 1. Time of Essence. Time is of the essence in the performance <br />of this agreement. The work and improvements required by this <br />agreement to be completed by Subdivider shall be completed within <br />one (1) year from the above-mentioned date of the Amended Agreement. <br /> <br /> The City may extend the time for completion of improvements <br />hereunder, upon good cause being shown by the Subdivider. Any such <br />extension may be granted without notice to the Subdivider'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. Subdivider will do or cause to be done and performed <br />the following described work: Improvements pursuant to plans entitled <br /> <br />"Improvement Plans, Tract 4718, Pheasant Crossing , Pleasanton, <br /> <br />California", prepared by MacKay and Somps, CivilEngineers <br /> <br />, dated April, 1981 <br /> <br /> 3. Inspection. City shall inspect all of said work through an <br />inspector employed by City at the cost and expense of Subdivider, and <br />Subdivider shall pay City the cost of such inspection as fixed by <br />Ordinance. <br /> <br />The inspection fees have been previously paid. <br /> <br /> 4. Soils Report. Subdivider shall provide a preliminary soil <br />report as required by Section 66490 of the Government Code. Said <br />data shall be compiled by a qualified soils testing engineer without <br />expense to the City. <br /> <br /> 5. Plans. All of said work shall be done and materials furnish- <br />ed in strict accordance with the approved plans for said tract <br />filed with the City Engineer, and in accordance with the standard <br />specifications and details of the City of Pleasanton. It is further <br />understood that the work and materials shall be under the super- <br />vision of the City Engineer, and performed and installed to his <br />satisfaction. <br /> <br /> 6. Related Contracts and Proceedings. Any prior contracts <br />between City and Subdivider and any prior approvals by Boards, <br />Commissions or Council of City shall not be affected by the provisions <br />of this AMended Agreement unless specific modification is set forth <br />herein. <br /> <br />-2- <br /> <br /> <br />