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� , <br /> A GREEMENT <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 pertaining to the <br /> Improvements. <br /> 2. Propert�� Subject to Agreement. The Property shall be subject to this Agreement. <br /> 3. Dutv 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 E. 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 <br /> (b) curbs,gutters,concrete walkways,driveways <br /> (c) sanitary sewer system, complete <br /> (d) permeable pavers, if used <br /> (e) water system,complete <br /> (� storm drainage system,complete <br /> (g) site lighting system,complete <br /> (h) street trees <br /> (i) landscaping and irrigation system complete <br /> (j) utility joint trenching <br /> (k) conditions as described in Planning Commission Resolution 12-21 <br /> (1) and all other work, improvements, or construction required by or mentioned 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 abovementioned subdivision. <br /> ATTY/AGR/2013.042/ELAN(145 MONROE)IMPROVEMENTAGR <br /> REV:03-28-13 VR <br /> Page 2 of 14 <br />