SUNRISE PLEASANTON CA SENIOR LIVING, LLC PUBLIC IMPROVEMENT AGREEMENT

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 the time frame set fourth in PUD approval, or as otherwise agreed to by the parties in writing, 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 Developer's surety, any extension so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement. 2. Work. Developer will do or cause to be done and performed the following described work: Public Improvements pursuant to plans entitled"Sunrise Senior Living", for Improvements and Fine Grading Plans" designed by Carlson, Barbee & Gibson, Inc., for 5700 Pleasant Hill Road, City of Pleasanton, Alameda County" and approved by the City Engineer on December 30, 2015, but only to the extent such work is required under the terms of PUD approval and listed in the attached bond estimate prepared by Carlson, Barbee & Gibson, Inc., on December 1, 2015. 3. Inspection. City shall inspect all of said work through an inspector employed by City at the cost and expense of Developer, and Developer shall pay City the cost of such inspection as fixed by Ordinance. The City Engineer has tentatively fixed the inspection costs due upon execution of this agreement as follows: $5,454.00 4. Soils Report. Developer shall provide a preliminary soils report as required by Section 66490 of the Government Code. Said data shall be compiled by a qualified soils testing engineer without expense to the City. 5. Plans. All of said work required hereunder as provided in section 2 above shall be done and materials furnished in strict accordance with the approved plans for said commercial development filed with the City Engineer, and in accordance with the standard specifications and details of the City of Pleasanton. It is further understood that the work and materials shall be under the supervision of the City Engineer, and performed and installed to his satisfaction. 6. Related Contracts and Proceedings. Any prior contracts between City and Developer and any prior approvals by Boards, Commissions or Council of City shall not be affected by the provisions of this Agreement unless specific modification is set forth herein. Nothing contained herein shall expand or increase Developer's obligations with respect to the work beyond that required by PUD approval. 7. Security. On signing this Agreement, the Developer's General Contractor shall present to the City and file with the City Clerk, improvement security as defined in Section 66499 of the Government Code of the State of California. Said improvement Public Improvement Agreement 5/31/2017 Page 2 of 8 I