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..- PUBLIC IMPROVEMENT AGREEMENT THIS AGREEMENT made and entered at Pleasanton, California, this ~ ,,''day of i" _..-- ~~~~~''"'"' , 2000, by and between: SafeAmerica Federal Credit Union 1675 Sabre Street Hayward, CA 94545 510-887-4111 DEI, Inc. 1550 Kemper Meadow Driv:~ Cincinnati, Ohio 45240 (hereinafter referred to as "Developer") and the CITY OF PLEASANTON, a general law city, located in Alameda County, California, acting through the City Manager and the City Clerk, (hereinafter referred to as "City") WHEREAS, Developer has approved plans for a commercial development on 6001 Gibraltor (formerly 4701 Chabot Drive) lying within the boundaries of the City; and WHEREAS, Developer has presented improvement plans entitled " SAFEAMERICA FEDERAL CREDIT UNION " designed by URS GREINER WOODWARD CLYDE, dated March 10, 2000, a copy of said plans is on file in the office of the City Engineer, and by reference is included in this Agreement for all purposes as if attached hereto; and WHEREAS, said plans designate construction of public improvements, that the Developer intends to dedicate to the City; and WHEREAS, as a condition precedent to accepting this offer of dedication by Developer, City requires the public improvements, including installation or extension of City services at Developer's expense and certain protections for the City on behalf of the public, to be constructed. NOW, THEREFORE, in consideration of the faithful performance of the promises, terms, conditions and covenants set forth herein, 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 (1) year from the above-mentioned date of this Agreement. The City may 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 agre-pd2.sam -1-