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8.A. - Page 232 <br />5. The new portion of Laurel Way within the project limits shall be designed, <br />approved, bonded and constructed in accordance with Planned <br />Development Permit Conditions of Approval and the Mitigation and <br />Monitoring and Reporting Program (MMRP) for the Laurel Way Planned <br />Development, as included in the Revised Final EIR. <br />6. The HOA shall secure all rights necessary to construct and install all of the <br />Phase 1 improvements, <br />7. Prior to issuance of any grading or construction permit for the Phase i <br />improvements, including without limitation the private street <br />improvements, the HOA shall execute an Improvement Agreement, in a <br />form approved by the City Attorney, guaranteeing the completion of <br />construction of and payment for all such Phase i improvements within one <br />(1) year of commencement of work, and the payment of all City inspection <br />and plan check charges associated with the Installation of the Phase I <br />improvements, including, but not limited to, streets, sanitary sewers, <br />water, storm drains and street lights. The improvement Agreement shall <br />be recorded against all properties within the Project area and shall require, <br />among other things: <br />o a Construction Improvement Permit from Community Development <br />Department (CDD); <br />o the posting of Performance and Labor & Materials Bonds for all <br />Phase I Improvements, which will be for 100 percent of the <br />estimated cost of the Phase I improvements, including, but not <br />limited to the restoration and/or stabilization of the project site and <br />hillside. The applicant's engineer shall submit an estimate for these <br />improvements based on current construction costs. <br />o An agreement to indemnify, defend and hold harmless the City and <br />its agents, officers, and employees from any claim, action, or <br />proceeding against the City or its agents, officers or employees <br />involving or related to the Phase I improvements contemplated by <br />the Improvement Agreement, <br />8. Prior to issuance of any grading or construction permit for the Phase I <br />improvements, Lots 1-6 of Block 16, Lot 1 of Block 17, and Lots 5-12 of <br />Block 18 shall dedicate public access easements over portions of their <br />property consistent with the Project Description. <br />9. Prior to issuance of any grading or construction permit for the Phase I <br />improvements, all dedications associated with public access, emergency <br />access, and public utilities shall be dedicated. <br />1O.Prior to issuance of any grading or construction permit for the Phase I <br />improvements, the HOA shall execute a Maintenance Agreement, in a <br />ArrY/RESO.2841/APPROVINGTHE LAUREL WAY PO PERMIT <br />REV: 03-18-13 VR <br />Page 4 of 14 <br />