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.` into an agreement with the City approved by the City Attorney which guarantees that all land scaping included in this protect will be maintained m a health- ful. attractive and weed hee manner. 19. That the developer install street trees as required per ordi~ nonce. 20. That any damage to street improvements now exist ing or done during construction on the subject property be re~ paired at full expense to the de~ veloper. 21. That lighting approved by the Police Department shall be provided around the perimeters of all buildings on the subject property. 22. That if required by the Police Department. the build togs shall be equipped with alarm systems. the type to be approved by the Police Depart ment and that these systems shall be installed prior to final bwlding inspection. 23. That the developer install street frontage improvements per ordinance and to the satin tacfion of the Gty Engineer. These improvements to include. but are not necessarily limited to grading, curb and gutter, sidewalk paving, storm drain. sanitary sewer, water facilities. street lighting, untlergrou ntl utilities, traffic control signing and reconstruction of curb re~ turns to a larger radius. 24. That the site be kept free of fire hazards Irom the start of constructigi tq final inspection and that the Fire Department emergency number be provided adlacent to all telephones on the site. 25. That the lpllowing water conserving plumbing fixtures be installed: a) low flush water closets: b) shower flow control heads; c) aerators in intenor lancets; and d) insulation of hot waterlines. 26. That the developer sub mil site development plans in accordance with the Survey Or~ dinance (Article 3. Chapter 3. Title IO for each individual site and that these plans he ap- proved by the City Engineer prior to the issuance of a build ing permit. 27. That the site develop ment plans inclutle all required inlormahon to design anA con struct site, gratling, paving an0 drainage. 28. That the paving sections for the parking and drive areas be designed on the basis of an R~Value lest and a Traffic Index to Carry the antiupated tralf¢ load. This design shall be sub jest to the approval of the City Engineer. The minimum paving section shall be 2" A. C. on 6" A. B. The minimum A.C. pave ment slope shall be 1%. 29. That the developer's gem eral contractor obtain an en~ croachment permit from the City poor to the beginning of construction. 30. That the developer pay any and all fees that the proper ty may be sublect to. 31. That the large black wal~ nut tree in the rose garden area be maintained in good condi~ lion at all times. and that every effort be matle to save the two trees at the eastern corner of parcel 3 adlacent to building number 2. 32. That in order to maintain existing levels of fire service per general plan policies, the devel~ oper shall enter into an agree- ment to fund or participate in the funtling of the study of fire service requirements necessi~ laced by the sublect protect and other proposed major commen cial/industrial protects: that the project shall be constructed in such a way as to minimize the lire hazards: and that the devel~ oper shall agree to participate in the financing of the necessary fire apparatus and manpower required to serve this protect as well as other mutual projects while maintaining existing city wide Ieveis of /ire service. The level of any participation m the latter shall take into considera- tion the project's contributions towards City services generally, including fire services. The agreement shall be entered into poor to issuance of a building permit. 33. That the developer fi~ nonce the reconstruction al the existing First Street sewer line from the Rco Avenue interseo lion north to the West Angela Street intersection. This sani~ Lary sewer main is projected to be a 15" VCP line to Abbie Street and a I2" VCP line Irom Abbie to West Angela. This line wAl be constructed under a City contract. 34. That a 1011. viitle P.C.C. sidewalk shall be installed along all frontages of the sublect site to the satisfaction of the City Engineer. 35. That the future street frontage improvements along the proposed Bernal Avenue re~ a bpn ment (south of bu AAing tt4) be constructed if possible or bonded or a cash irvlieu pay- ment be made at the option of the Gty Engineer prior to issm ante of a building permit. 36. That approval of the storm drainage system be with- held pending final design and until the developer has demon strafed to the satisfaction of the City Engineer that the system is adequate. connects to an ap~ proved point of discharge. meets any and all applicable re~ quirements of the Alameda Flood Control District. meets any and all applicable require ments of the Fetleral Emergen~ cy Management Flood Hazard Program. and meets the imme~ diate and long range regwre~ menu of th5 development and all upstream areas intended to be drained through this system. 37. That the development pay to the City, on a halt street developed frontage basis, the cos[ of slurry sealing and res~ triping or cause the work to be performed to restore the adja~ cent streets to premnstruction contli6ons at the option of the City Engineer. 38. That the developer com~ ply with any and all applicable requirements of the cross con nections control and backflow prevention device programs re~ quired by California Administra~ live Cotle, Title 17. 39. That the developer pay the applicable Zone 7 and City connection fees and the meter cost prior to building Dermn ap~ proval of the development for any water meters (irrigation meters) not directly related to a building permit. 40. That the tleveloper sub ' mil a dust control plan as part of the improvement plans prior to approval of the final map. 41. That detailed plans for all utility boxes and existing facili~ ties be included as part of the improvement plans for review and approval. 42. That the developer sub mil detailed on-site and oft~site landscape and irrigation plans to the Planning Division for ap~ proval as part of the improve ment plans. These plans should provide for landscaping and irri~ gation. These plans shall be submitted prior to issuance of a building permit. 43. That the developer sub- mit a refuntlable cash bond for hazard control for each site prior to issuance of building permits. The amount of this bond wilt be determined by the City Engineer ($2500 maxi mum). 44. That electric power distri~ button, gas distribution, com- munication service. and any re~ quired alarm systems be in~ stalled underground in a joint utility trench unless otherwise speciliwtly approved by the City Engineer. 45. That the developer corv tribute his proportionate share of the cost of the haffic signal proposed to be installed at the intersection of First Street, Pico Avenue antl Bernal Avenue. The amount of this contribution shall be determined by the City aker discussions with the devel~ oper and paid by the tleveloper prior to issuance of any building permits. 46. Thal the developer ton tribute his proportionate share of the cost of revising the exisD ing signal installation at the First Street and Ray Street inter section to provide for left turn phases against the increased flow of First Street traffic The amount of this contribution shall be determined by the City after discussion with the develo~ per and paid by the developer prior to the issuance of any building permits, and shall be sublect to relund if not used within two years. 47. That the developer shall apply for a lot line adjustment or file a new parcel map to in- crease the width of parcels 2 and 3 from 100 tt. to 125 ft. This shall be accomplished prior to finalization of the lease be~ tween the developer and the Southern Pacific Transporta~ lion Company for the 25 ft. wide strip of lantl on the west sides of those two parcels. 48. That the developer/own er dedicate those parcels of land at the property line corners of First antl Abbie and First and Wes[ Angela needed to create curved returns. The radii of these returns will be determined by the City Engineer at the time of development. 49. That except for the com~ pact car spaces shown on the development plan, all parking shall be provided in accordance with the parking standards of the City of Pleasanton as set forth in Article 16 of the zoning code. 50. That the 10yearleasefor- the Delucchi & Wayside parks shall be executed by the City and Southern Pacific prior to final approval of case PDD~ 81.28. 51. That the conveyance of land Irom William Gale to the Axiom Group for the 22' x 28' x 36' 30.2' parcel of land located west of Parcel No. 1 antl the grant of easements for (he area of the 19 private parking spaces shown at the western edge of Parcel No. 1 shall be linalized poor to issuance of any bwlding permits on Parcel No. 1. 52. That all excess roses from the Rose Garden Park shall be relocated at the Century House. EXHIBIT '•B" Legal PT~VT 5072 Publish December I8, 1981