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<br />DEFERRED IMPROVEMENT AGREEMENT <br />(for items to be constructed with Tract 7407) <br />GHC Bordeaux, LLC <br />Bordeaux Property, Tract 7407 <br />THIS AGREEMENT made and entered at Pleasanton, California, this . <br />day of Q v~ ~/ , 2006, by and between: <br />GHC Bordeaux, LLC <br />A Delaware LLC <br />43160 Osgood Road <br />Fremont, CA 94539 <br />Phone: 510-497-8200 <br />Fax: 510-497-8290 <br />(hereinafter referred to as "Subdivider") and the CITY OF PLEASANTON, a general law city, <br />located in Alameda County, California, acting through the City Manager and the City Clerk, <br />(hereinafter referred to as "City"). <br />WHEREAS, Subdivider has an approved tentative map for said tract, lying within the <br />boundaries of the City; duly approved by the Planning Commission; and <br />WHEREAS, the City Planning Department approved PTUP-242, Model Home Sales <br />Trailer, Model Homes and Flagpole in the Bordeaux Country Estates Subdivision (PUD-14 and <br />Tr 7407) on May 15, 2006; and <br />WHEREAS, said proposal will require certain improvements to be completed at a later <br />date (see 2. Work) at the end of said temporary conditional use permit PTUP-242; and <br />WHEREAS, the City requires certain protection for the City on behalf of the public. <br />NOW, THEREFORE, in consideration of the faithful performance of the promises, <br />terms, conditions and covenants set forth herein by Subdivider and the approval of the project, <br />the parties hereto agree as follows: <br />1. Time of Essence. Time is of the essence in the performance of this Agreement. <br />The work and improvements required by this Agreement to be completed by <br />Subdivider shall be completed within two (2) years from the above-mentioned <br />date of this Agreement but in no case later than 60 days from the expiration of <br />PTUP-242. <br />Deferred Improvement Agreement for items to be constructed with Tract 7407 <br />Project: Tract 7407, Bordeaux Property; Vineyard Avenue, APN 946 135001503 <br />Page 1 of 13 <br />