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D. Prior to approval of the Subdivision Map for the project, the Subdivider shall submit five sets of the Conditions, Covenants and Restrictions (CC&Rs) for the review and approval of the City of San Leandro. The CC&Rs shall specify responsibilities of the Homeowners' Association with respect to maintenance of the common property, structures on the property, landscaping, on-site fencing and perimeter fencing. E. Site Improvement Plans for all on-site and off-site improvements shall be approved by the City Engineer prior to the issuance of Building Permits for the project. All improvements shall be designed and constructed in accordance with the City's Design Standards, Specifications and Standard Plans, unless otherwise specifically approved by the City Engineer. F. Prior to the issuance of the Building Permit, the property owner shall pay the Park Facilities Development Impact Fee for multi-family unit (As of Aug/OS $11,383 per unit), Development Fee for Street Improvement (DFSI) (As of Aug/OS $998 per unit), Sewer Connection fee and other fees as required by City Ordinances and regulations. The exact fee will be determined at the time of Building Permit Issuance and may be adjusted to reflect any change in the ENR Construction Cost Index. G. All new utilities and services to the new buildings shall be placed underground. H. Prior to the issuance of building permits for the project, the Applicant shall obtain an Encroachment Permit from the Engineering and Transportation Department for any work within the public right-of--way. The new driveways shall be constructed in accordance with City's Standard Plans. I. Applicant shall remove any broken or damaged sidewalk, driveway, curb and gutter along the full project frontage along Pacific Avenue, and shall construct new City standard sidewalk, driveway curb and gutter in the same location and alignment as the existing sidewalk, driveway, curb and gutter. J. The City's municipal stormwater permit requires that all runoff be treated to remove sediment and water borne pollutants prior to discharge into a public facility. On projects of this type, this can typically be handled by directing runoff through landscaped areas or grassy swales. K. The City's municipal stormwater permit requires that the project implement site design measures to minimize land disturbance, the creation of impervious surface area and changes in volume, flow, rate, timing and duration of runoff. It requires the project to implement source control measures and post-construction stormwater treatment controls that control sources of pollutants associated with the post- construction phase of a project. Examples of appropriate site design features, source control measures and post-construction stormwater treatment controls can be found on the Alameda Countywide Clean Water Program (ACCWP) website: www.cleanwaterprogram.org. Agreement to Conditions January 19, 2006 PLN2005-00125 Page 6 of 9