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<br /> <br />25. Additional Terms and Conditions. This Agreement is subject to the following additional terms <br />and conditions, including all applicable conditions of approval for the Vesting Tentative Map for Tract 7078: <br />(a) All improvements to be provided by Subdivider under the terms of this Agreement shall lle <br />completed to the satisfaction of the City Engineer prior to the issuance of final building inspection approvals <br />for residential purposes by the Chief Building Official of the City of San Leandro. <br />(b) In the event any portion of the work to be performed pursuant to this Agreement will not be <br />completed prior to October 15 of any calendar year, Subdivider shall provide, on or before September 1 of <br />said year, an Amended Erosion and Sedimentation Control Plan to the City Engineer for review and <br />approval. Said Plan shall include, but not be limited to, delineation of areas of work that will not be <br />completed prior to October 15 and the erosion and sedimentation control measures proposed to protect these <br />areas, and surrounding areas, from erosion and/or sedimentation. <br />(c) City reserves the right to restrict or prohibit any or all construction of site improvements or <br />buildings, being constructed pursuant to approved building permits,' during the wet construction season, <br />defined by the City as October 15 through April 15, inclusive, if the City Engineer, as the sole and final <br />judge, determines that such construction activities will generate pollutant bearing runoff; erosion and/or <br />sedimentation; or will in any way threaten the wetland areas adjacent to, or in proximity of, the subdivision. <br />(d) During construction activities, Subdivider shall provide flaggers at San Leandro Boulevard, <br />Peralta Avenue and Alvarado Street. <br />(e) Subdivider agrees to take all steps necessary to mitigate the potential generation of air-borne <br />dust or debris during the performance of the work hereunder. Subdivider further agrees that the City <br />Engineer, as the sole and final judge, may order all or any portion of the work to be suspended in the event <br />air-borne dust or debris leaves the work area and causes a nuisance to adjoining property owners or the <br />public at large. Such suspensions shall remain in effect until the City Engineer is fully satisfied that the <br />work practices causing the air-borne dust or have been satisfactorily mitigated and the adversely affected <br />properties or areas have been throughly cleaned. <br />TRACT MAP 7175 CHERRY WOOD -PHASE 3 <br />ABSTRACT OF SUBDIVISION IMPROVEMENT AGREEMENT (PUBLIC IMPROVEMENT) <br />C:\MAPS\TM7175\SUBIMPAGRPUBLIC.DOC <br />PAGE 14 OF 17 <br />