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AGREEMENTS <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. The purpose of this Agreement is to guarantee completion of the <br />Improvements and ensure satisfactory performance by Developer of Developer's <br />obligations to satisfy the Conditions pertaining to the Improvements. <br />2. Property Subject to Agreement. The Property shall be subject to this <br />Agreement. <br />3. Duty to Install Improvements. Developer shall construct, install and <br />complete, or cause to be constructed, installed and completed, at Developer's sole cost <br />and expense, the Improvements, in accordance with the Improvement Plans and to the <br />satisfaction of the City Engineer, in his or her reasonable discretion. Developer shall also <br />supply all labor and materials therefor, all in strict accordance with the terms and <br />conditions of this Agreement. The Improvements shall include, but are not necessarily <br />limited to, all of the following: <br />(a) grading, paving; <br />(b) streets, curbs, gutters, concrete walkways, driveways; <br />(c) sanitary sewer system, complete; <br />(d) permeable pavers; <br />(e) water system, complete; <br />(f) recycled water system, complete; <br />(g) storm drainage system, complete; <br />(h) site lighting system, complete; <br />(i) undergrounding of overhead facilities, complete; <br />Q) storm water treatment facilities; <br />(k) Bay trail and Waterfront Park <br />(1) street trees; <br />(m)landscaping and irrigation system complete; <br />(n) utility joint trenching; <br />REV: 01-21-2021 PR <br />ATTY/AGR.2021.010/1548 Maple LLC (Page 3 of 29) <br />