AGREEMENT <br />NOW, THEREFORE, as required by EC 9.7025 and in consideration for issuance of development <br />permits for the Property Developer agrees as follows: <br />1. Scope of Work: Developer agrees to all of the following: <br />a. All construction, development, improvement, landscaping, lighting and design, <br />or construction and continuing maintenance activities conducted on the <br />Property in connection with the Planning Director's decision dated July 30, 2021 <br />approving Developer's site review, traffic impact analysis, and adjustment review <br />applications (Development Activities) will be conducted in compliance with this <br />Agreement and its attached exhibits and will conform to applicable provisions <br />and requirements of the City Code. <br />b. All Development Activities will be conducted under the supervision of a licensed <br />general contractor. <br />c. Development of the Property and any Development Activities will comply with <br />the approved final site plans included as Exhibit "B" to this Agreement and the <br />following conditions of approval included in the Planning Director's decision, <br />dated July 30, 2021, approving Developer's site review, traffic impact analysis, <br />and adjustment review applications: <br />L Condition 1: The applicant shall obtain a street tree removal permit as <br />required by EC 6.305 prior to the removal of any street trees. <br />ii. Condition 2: Prior to final site plan approval, the applicant shall either <br />eliminate the encroachment into the Public Utility Easement along <br />Elysium Avenue or obtain a revocable permit for the placement of <br />stormwater facilities within the Public Utility Easement along Elysium <br />Avenue. <br />iii. Condition 3: Prior to final site review approval, the applicant shall submit <br />an irrevocable petition for improvements within Coburg Road to include <br />adequate paving width and street trees. <br />iv. Condition 4: Prior to final site plan approval, the following note shall be <br />added to the site plans: "All vision clearance areas shall comply with EC <br />9.6780 Vision Clearance Area." <br />v. Condition 5: The applicant shall obtain a Privately Engineered Public <br />Improvement (PEPI) permit for the proposed traffic signal at the <br />intersection of Coburg Road and Elysium Drive. <br />vi. Condition 6: Prior to issuance of an occupancy permit for any building on <br />the applicant's site, the proposed traffic signal at the intersection of <br />Coburg Road and Elysium Drive shall be operational. <br />Page 2 of 4 <br />