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in compliance with the terms and conditions of all approvals, entitlements and permits that the <br />City or any other governmental body or agency with jurisdiction over the Project or the Property <br />has granted or issued as of the date hereof or may hereafter grant or issue in connection with <br />development of the Project, including without limitation, all mitigation measures imposed in <br />connection with environmental review of the Project and all conditions of approval imposed in <br />connection with any entitlements, approvals or permits (all of the foregoing approvals, <br />entitlements, permits, mitigation measures and conditions of approval are hereafter collectively <br />referred to as the "Conditions of Approval "). The Project will consist of the development of a <br />first -class retail project constructed with high quality building materials, and which includes <br />public amenities including a water feature, outdoor dining areas, and high - quality facade <br />improvements, landscaping, paving and signage. If a full - service restaurant does not open on the <br />Property within the earlier of (i) twenty -four (24) months following the date upon which City <br />issues a certificate of occupancy or equivalent for the Project, or (ii) forty -eight (48) months <br />following the Effective Date of this Agreement, Developer shall pay the Additional Payment. <br />4. 1.1 Public Art. As part of the Project, Developer will construct, at <br />Developer's expense, a public art component that may include a fountain or other water feature, <br />sculpture, mural or other art form. Developer shall obtain input from the San Leandro Arts <br />Council on the public art component of the Project. <br />4.1.2 Sidewalk Reconstruction. Developer shall reconstruct the sidewalks <br />surrounding the Property, will add street trees along East 14 Street, and will replace street <br />trees on Dolores Avenue and Juana Avenue as detailed in the approved Site Improvement <br />Plans for the Project. <br />4.1.3 Bike Racks. Developer shall install and maintain bike racks on the <br />Property, including multiple bike racks near the outdoor seating area to be created on the <br />southeast corner of Juana and East 14 Street. <br />4.2 Intentionally omitted. <br />4.3 Project Approvals. Developer acknowledges and agrees that execution of this <br />Agreement by City does not constitute approval for the purpose of the issuance of building <br />permits for the Project, does not limit in any manner the discretion of City in such approval <br />process, and does not relieve Developer from the obligation to apply for and obtain all necessary <br />entitlements, approvals, and permits for the construction of the Project and development of the <br />Property, including without limitation, the approval of architectural plans, the issuance of any <br />certificates regarding historic resources required in connection with the Project (if any), and the <br />completion of any required environmental review. <br />Developer covenants that it shall: (i) obtain all necessary permits and approvals which <br />may be required by City, City, or any other governmental agency having jurisdiction over the <br />Property, (ii) comply with all Conditions of Approval, (iii) comply with all mitigation measures <br />imposed in connection with any environmental review of the Project, and (iv) not commence <br />construction work on the Project prior to issuance of building permits required for such work. <br />1875524.3 12 <br />