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<br />record said abstract in the Official Records of Alameda County. Upon initial approval and/or initial <br /> <br />acceptance of the required improvements by the City Council, City agrees to record a Notice of Completion <br /> <br />in the Official Records of Alameda County. <br /> <br />24. Assignment. This Agreement will not be assigned without the prior written consent of City. <br /> <br />25. Additional Tenus and Conditions. This Agreement is subject to the following additional tenus <br /> <br />and conditions, including all applicable conditions of approval for the Vesting Tentative Map for Tract <br /> <br />7497. <br /> <br />(a) All improvements to be provided by Subdivider under the terms of this Agreement shall be <br /> <br />completed to the satisfaction of the City Engineer prior to the issuance of final building inspection approvals <br /> <br />for residential purposes by the Chief Building Official of the City of San Leandro. <br /> <br />(b) In the event any portion of the work to be performed pursuant to this Agreement will not be <br /> <br />completed prior to October 15 of any calendar year, Subdivider shall provide, on or before September 1 of <br /> <br />said year, an Amended Erosion and Sedimentation Control Plan to the City Engineer for review and <br /> <br />approval. Said Plan shall include, but not be limited to, delineation of areas of work that will not be <br /> <br />completed prior to October 15 and the erosion and sedimentation control measures proposed to protect these <br /> <br />areas, and surrounding areas, from erosion and/or sedimentation. <br /> <br />(c) City reserves the right to restrict or prohibit any or all construction of site improvements or <br /> <br />buildings, being constructed pursuant to approved building permits, during the wet construction season, <br /> <br />defined by the City as October 15 through April 15, inclusive, if the City Engineer, as the sole and final <br /> <br />judge, determines that such construction activities will generate pollutant bearing runoff; erosion and/or <br /> <br />sedimentation; or will in any way threaten the wetland areas adjacent to, or in proximity of, the subdivision. <br /> <br />(d) During construction activities, Subdivider shall provide traffic controls per the traffic control <br /> <br />plan and as approved by the City Engineer. <br /> <br />(e) Subdivider agrees to take all steps necessary to mitigate the potential generation of air-borne <br /> <br />dust or debris during the performance of the work hereunder. Subdivider further agrees that the City <br /> <br />Engineer, as the sole and final judge, may order all or any portion of the work to be suspended in the event <br /> <br />TRACT MAP 7497 <br />SlJl3DlVISION IMPROVEMENT AGREEMENT <br />G:\_I D\Trael Map & Parcel Map\TM7497-915 Lewelling B1vd\SUlllMP.AGR.doe PAGE 13 OF 16 <br />