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with City providing for the future construction and installation of such public improvements, as required <br />by Government Code section 66411.l(a) and Municipal Code Chapter 30 (Subdivisions) Section 30.28. <br />G. Developer has submitted to City plans, specifications and drawings entitled W.L. Butler <br />Office Building Improvement Plans, prepared by BKF Engineers and dated January 13, 2017 (the <br />"Improvement Plans"), which, in addition to other improvements, provide for certain on-site public <br />improvements consisting of street and street light improvements, storm drain systems, domestic water <br />systems and sanitary sewer systems for the Project (collectively, "Improvements"). <br />H. Upon approval and recordation of the Parcel Map, the Property will be merged into one <br />commercial lot hereinafter referred to as the "Commercial Lot". <br />I. City, Developer and Contractor desire to enter this agreement providing for the <br />construction and installation of the Improvements in accordance with the Improvement Plans. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set <br />forth in this Agreement, the parties hereto agree as follows: <br />1. Purpose. The purpose of this Agreement is to guarantee completion of the Improvements <br />and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions <br />pertaining to the Improvements. <br />2. Propertv Subiect to Aereement. The Property shall be subject to this Agreement. <br />3. Dutv to Install Improvements. Butler will construct, install and complete, or cause to be <br />constructed, installed and completed, at Butler's sole cost and expense, the Improvements, in accordance <br />with the Improvement Plans (defined in Recital G. above) and to the satisfaction of the City Engineer, in <br />his reasonable discretion. Butler will also supply all labor and materials therefor, all in strict accordance <br />with the terms and conditions of this Agreement. Developer agrees to pay Contractor for construction of <br />the Improvements described in the Improvement Plans. City shall have no obligation or liability for <br />payments due to Contractor or any other party in connection with the construction of the Improvements <br />under this Agreement, including additional or extra work. The Improvements shall include, but are not <br />necessarily limited to, all of the following: <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 />(g) site lighting system, complete <br />(b) street trees <br />ATTY/AGR/2017.029/1629 MAIN STREET—SUBDIVISION IMPROVEMENT <br />REV: 02-06-17 PR <br />Page 2 of 27 <br />