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(a) All improvements to be provided by Subdivider under the terms of this Agreement shall be <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 Fremont Avenue and the <br /> emergency vehicle access/temporary rear access road to the corporation yard. <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 7092 MEDALLION PHASE 2 <br /> SUBDIVISION IMPROVEMENT AGREEMENT (PUBLIC IMPROVEMENT) <br /> C: w1 A P S \T M 7092 \S U E3I M P LA BS <br /> PAGE 19 OF 17 <br />