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into an agreement with City providing for the future construction and installation of such public <br /> improvements, as required by Government Code section 66462(a)( 1). <br /> E. Developer has submitted to City plans, specificatigns and drawings entitled <br /> , <br /> � pcave A Pl ns fisr O( cIt DTc-ti V1/2141 ur ° 2. 75 Prepare`rcl byTICF Engineers and <br /> dated Stine 28. , 2016 (the "Ihlprovement Plans"), which, in addition to other <br /> improvements, provide for certain on-site public improvements consisting of street and street <br /> light improvements, storm drain systems, domestic water systems and sanitary sewer systems for <br /> the Project (collectively, "Improvements"). <br /> F. City and Developer desire to enter this agreement providing for the construction <br /> and installation of the Improvements in accordance with the Improvement Plans, as required by <br /> Government Code section 66462(a)(1). <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the faithful performance of the terms and <br /> conditions set forth in this Agreement, the parties hereto agree as follows: <br /> 1. Purpose of Agreement. The purpose of this Agreement is to guarantee <br /> completion of the Improvements and ensure satisfactory performance by Developer of <br /> Developer's obligations to satisfy the Conditions pertaining to the Improvements. Prior to the <br /> conveyance of the Property to OAI, COA and OAI shall be jointly and severally liable for the <br /> performance of the duties and obligations of Developer hereunder; and following such <br /> conveyance OAI shall be solely responsible for, and shall be deemed to have assumed, all of <br /> such duties and obligations of the Developer hereunder. <br /> 2. Property Subject to Agreement. The Property shall be subject to this Agreement. <br /> 3, Duty to Install Improvements. Developer will construct, install and complete, or <br /> cause to be constructed, installed and completed, at the Developer's sole cost and expense, the <br /> Improvements, in accordance with the Improvement Plans (defined in Recital E. above) and to <br /> the satisfaction of the City Engineer, in his reasonable discretion. Developer will also supply all <br /> labor and materials therefor, all in strict accordance with the terms and conditions of this <br /> Agreement. The Improvements shall include, but are not necessarily limited to, all of the <br /> following as shown on the Improvement Plans: <br /> (a) grading, paving <br /> (b) curbs, gutters, concrete walkways, driveways <br /> (c) sanitary sewer system, complete <br /> (d) permeable pavers <br /> (e) water system, complete <br /> (f) storm drainage system, complete <br /> REV: 06-22.16 JS <br /> Pag e 2 of 15 <br /> ATTY/AGR.2016.159/Cenlrum Owners Association - IIA <br />