Agmt 2000 Westco Community Builders Inc (2)

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(a) All improvements to be provided by Subdivider under the erms of this Agreement shall be completed to the satisfaction of the City Engineer prior to the issuance of final building inspection approvals for residential purposes by the Chief Building Official of the City of San Leandro. (b) In the event any portion of the work to be performed pursuant to this Agreement will not be completed prior to October 15 of any calendar year. Subdivider shall provide, on or before September 1 of said year. an Amended Erosion and Sedimentation Control Plan to the City Engineer for review and approval. Said Plan shall include, but not be limited to, delineation of areas of work that will not be completed prior to October 15 and the erosion and sedimentation control measures proposed to protect these areas, and surrounding areas, from erosion and/or sedimentation. (c) City reserves the right to restrict or prohibit any or all construction of site improvements or buildings. being constructed pursuant to approved building permits, during the wet construction season, defined by the City as October 15 through April 15, inclusive, if the City Engineer, as the sole and final judge, determines that such construction activities will generate pollutant bearing runoff; erosion and/or sedimentation: or will in any way threaten the wetland areas adjacent to, or in proximity of, the subdivision. (d) During construction activities. Subdivider shall provide traffic controls per the traffic control plan and as approved by the City Engineer. (e) Subdivider agrees to take all steps necessary to mitigate the potential generation of air -borne dust or debris during the performance of the work hereunder. Subdivider further agrees that the City Engineer. as the sole and final judge, may order all or any portion of the work to be suspended in the event air -borne dust or debris leaves the work area and causes a nuisance to adjoining property owners or the public at large. Such suspensions shall remain in effect until the City Engineer is fully satisfied that the work practices causing the air -borne dust or have been satisfactorily mitigated and the adversely affected properties or areas have been thoroughly cleaned. (0 Construction activity shall not commence prior to 7:00 a.m. and shall cease by 6:00 p.m.. on weekdays. and shall not commence prior to 5:00 a.m. and shall cease by 5:00 p.m. on Saturdays. unless 'rRACr MAP 7133 SUBDIVISION IMPROVEMENT AGREEMENT (PUBLIC IAIPROVEMENfl F:\TMCrM7133 \SUBIMP l AGR ?AGE 1.4 OF 17