RUBY HILL DEVELOPMENT VINEYARD AVE S CURVE - ROADWAY IMPROVEMENT AGMT

ROADWAY IMPROVEMENT AGREEMENT VINEYARD AVENUE ("S" CURVE) -STATIONS 9+84 TO STATION 26+06 PLEASANTON, ALAMEDA COUNTY, CALIFORNIA THIS AGREEMENT made and entered at Pleasanton, California, this ~©f~ day of 1996, by and between: Ruby Hill Development Joint Venture, L.P. 6612 Owens Drive Pleasanton, CA 94588 (hereinafter referred to as "Subdivider") 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, Subdivider is developing its subdivision, the Ruby Hill development, in various phases; and WHEREAS, Subdivider has submitted roadway and other public improvement plans for an area near this subdivision that the Subdivider is required to constrict; the alignment of that roadway, lying within the boundaries of the City, has been approved by the Planning Commission and City Council; and WHEREAS, the roadway improvement plans have been submitted to the City for its review and approval; a copy of said plans aze 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, as a condition precedent to accepting roadway improvements from the Subdivider, City requires the improvements of roadways, installation or extension of certain City services at Subdivider's expense and certain protection for the City on behalf of the public. 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 roadway improvement plans, 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 campleted by Subdivider shall be completed within one (1) year from the above-mentioned date of this Agreement. Page 1