SENTE ASSOCIATES SUBDIVISION AGREEMENT TRACT 4889

~VHEREAS, said map and subdivision of land designates streets, easements and public ways for the City, and Subdivider proposes to dedicate this land set forth in the final map to the City; and WHEREAS, as a condition precedent to accepting this offer of dedication by Subdivider, City requires the improvements of the public ways, installation or extension of certain City services at Subdivider's expense and certain protections for the City on behalf of the public; and WHEREAS, Subdivider intends to assign all rights and interest in the property after filing of the final map. NOW, THEREFORE, in consideration of the faithful performance of the promises, terms, conditions and covenants set forth herein by Subdivider and the approval of the map for recording by the City 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 agree- ment to be completed by Subdivider 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 Subdivider. Any such extension may be granted without notice to the Subdivider's surety, and extension so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. 2. Work. Subdivider will do or cause to be done and performed the following described work: Improvements pursuant to plans entitled "Improvement Plans, Tract 4889, Valley Business Park, Pleasanton, California," prepared by Bissell & Yarn, Inc., Civil Engineers, dated June, 1981. 3. Inspection. City shall inspect all of said work through an inspector employed by City at the cost and expense of Subdivider, and Subdivider 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: $75,480..16 4. Soils Report. Subdivider shall provide a preliminary soil 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. -2-