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SUBDIVISION~AGREEMENT <br />TRACT NO. 4373, FOOTHILL PLACE, PLEASANTON <br />ALAMEDA COUNTY, CALIFORNIA <br />THIS AGREEMENT made and entered at .Pleasanton, California this <br />October 15, lAR~ , by and between: FOOTHILL BUILDERS, a <br />general partnership by Z.D.G.W., INC. and FAIRCO PROPERTIES, INC., <br />and PLEASANTON ASSOCIATES, a general partnership, (hereinafter referred <br />to as "Subdivider") and the CITY OF PLEASANTON, a general, law city, <br />located in Alameda County, California, acting through the City Manager <br />and the City Clerk, (hereinafter referred to as "City"). <br />WHEREAS, Subdivider has a tentative map for said tract, lying <br />within the boundaries of the City; duly approved by the Planning <br />Commission or the City Council; and <br />WHEREAS, all or a portion of the area of the tentative map is <br />presented as a "final map," a copy of said map is on file in the <br />office of the City Engineer, and by reference is included in this <br />agreement for all purposes as if attached hereto; and <br />WHEREAS, said map and subdivision of land designates streets, <br />easements and public ways for the City, and Subdivider proposes to <br />dedicate this land set forth in the final map to the City; and <br />WHEREAS, as a condition precedent to accepting this offer of <br />dedication by Subdivider, City requires the improvements of the public <br />ways, installation or extension of certain City services at Subdivider's <br />expense-and certain protections for the City on behalf of the public. <br />NOW, THEREFORE, in consideration of the faithful performance of <br />the promises, terms, conditions and covenants set forth herein by <br />Subdivider and the approval of the map for recording by the City <br />the parties hereto agree as follows: <br />1. Time of Essence. Time is of the essence in the performance <br />of this agreement. The work and improvements required by this agree- <br />ment to be completed by Subdivider shall be completed within one (1) <br />year from the above-mentioned date of this agreement. <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, and <br />extension so granted shall not relieve the surety's liability on the. <br />bond to secure the faithful performance of this agreement. <br />/// <br />-1- <br />