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6.A. - Page 9 of 69 <br />G. City and Developer desire to enter this agreement providing for the construction and <br />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. 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 cause to <br />be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in <br />accordance with the Improvement Plans (defined in Recital I?, above) and to the satisfaction of the City <br />Engineer, in his reasonable discretion. Developer will also supply all labor and materials therefor, all in <br />strict accordance with the terms and conditions of this Agreement. The Improvements shall include, but <br />are not necessarily limited to, all of the following: <br />(a) grading, paving, including full reconstruction of Cleveland Street from Harrison <br />Avenue along the frontage of the Property <br />(b) curbs, gutters, concrete walkways, driveways, curb extensions at the Harrison/Duane <br />intersection <br />(c) sanitary sewer system, complete <br />(d) water system, complete <br />(e) storm drainage system, complete <br />(f) on-site stormwater treatment areas <br />(g) off-site stormwater treatment area <br />(h) site lighting system, complete <br />(i) street trees <br />0) landscaping and irrigation system complete <br />(k) utility joint trenching <br />(1) all Conditions of the Tentative Map <br />(m) and all other work, improvements, or construction required by or specified in the <br />abovementioned plans and specifications, conditions of permits and all construction, <br />appurtenances and improvements necessary as reasonable determined by the City <br />Engineer to complete the aforementioned improvements, both within and outside of <br />the Property. <br />ATTYIAGR/2019.192/515 CLEVELAND-- IMPROVEMENT AGREEMENT <br />REV: 07-25-19 DZ <br />Page 2 of 20 <br />13 <br />