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<br />ORIGINAL <br /> <br />AGREEMENT <br />FOR <br />SUBDIVISION OF THE PRESERVE TOWN HOMES <br /> <br />THIS AGREEMENT, made and entered into this 2+- day of /1v~ <br />2009, by and between the CITY OF REDWOOD CITY, a charter city and municipal <br /> <br />corporation of the State of California ("City"), and KB Home South Bay Inc., a <br /> <br />California corporation ("OWner"). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, Owner is engaged in subdividing for condominium purposes and <br /> <br />developing certain property under the designation of Final Map of The Preserve <br /> <br />Townhomes a Subdivision for Condominium Purposes, situated in the City of Redwood <br /> <br />City, County of San Mateo, State of California; and <br /> <br />WHEREAS, the Manager, Engineering and Construction has determined that the <br /> <br />final map conforms to the tentative map for the proposed subdivision; and <br /> <br />WHEREAS, Owner has requested that the final map be approved prior to the <br /> <br />construction and completion of the public improvements, including all public utility <br /> <br />facilities which are a part of, or appurtenant to, the abovementioned subdivision, which <br /> <br />improvements are to be constructed in accordance with, and as required by, the plans, <br /> <br />specifications and details hereinafter described; <br /> <br />NOW, THEREFORE, in order to ensure satisfactory performance by Owner of <br /> <br />Owner's obligations under Chapter 30 of the Code of the City of Redwood City, being <br /> <br />the subdivision regulations of said City, and in consideration of the approval of the final <br /> <br />map (including the dedication of easements contained therein) for the subdivision, and <br /> <br />in accordance with the conditions of approval of the tentative map for the subdivision, <br /> <br />the parties hereto agree as follows: <br />ATTY/AGR/2009.032 <br />071309 1 <br />