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DOC #2025-0003381 Page 2 of 19 <br />IA-4.2 (3/22) <br />AGREEMENT <br />1. Definition and Ownership of Improvements. The Improvements include but are not <br />limited to the grading, paving, construction of curbs and gutters, storm drains and sanitary sewers, <br />water lines, utilities, street lights and all appurtenant facilities associated with the Subdivision that <br />are shown in the plans, profiles and specifications that have been prepared by Subdivider and <br />approved by City, and which are described in Exhibit "A." All Improvements constructed or installed <br />pursuant to this Agreement shall become the property of City, without payment therefor, upon <br />acceptance of those Improvements by City. <br />2. Time for Completion. Construction of the Improvements shall be completed within <br />eighteen (18) months from the Effective Date of this Agreement. In the event Subdivider fails to <br />complete construction of the Improvements within that time period, City may require TPH's surety <br />to complete the Improvements, or City may complete construction of the Improvements and recoup <br />its expenses for such work from Subdivider, or TPH's surety, as hereafter provided. <br />3. Subdivider's Obligations to Construct Improvements. Subdivider shall: <br />A. Complete the Improvements, at Subdivider's expense, in conformance with <br />approved Improvement plans; provided, however, that the Improvements shall not be deemed to be <br />completed until accepted by City as provided in Section 18 hereof. <br />B. Furnish at Subdivider's expense the necessary materials, provisions and other <br />supplies or equipment used for the Improvements, and, at TPH's expense, a payment bond with TPH <br />as the obligor with respect to such work or labor as required by Civil Code Section 9550, for the <br />completion of the Improvements in conformity with the Improvement plans. <br />C. Acquire and dedicate all rights -of -way, easements, and other interests in real <br />property for construction and installation of the Improvements, or pay the cost of acquisition incurred <br />by City. All rights -of -way, easements and other interests in real property shall be free and clear of <br />liens and encumbrances. Subdivider's obligations with regard to acquisition by City of off -site rights - <br />of -way, easements and other interests in real property shall be subject to a separate agreement <br />between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private <br />sanitary sewer, drainage, and/or utility easements or authorization to accommodate the Subdivision. <br />D. Commence construction of the Improvements by the time established in Section 25 <br />of this Agreement and complete the Improvements as required by Section 2, above, unless a time <br />extension is granted in writing by City. <br />E. Install all Improvement monuments required by law prior to acceptance of the <br />Improvements by City. Individual property monuments shall be installed within eighteen (18) months <br />of such acceptance. <br />F. Install street name signs conforming to City standards. Permanent street name signs <br />shall be installed before acceptance of the Improvements by City. <br />4. Acquisition and Dedication of Property. If any of the Improvements contemplated <br />2 <br />I:\cmo\Agreements\KL LB Buy 2 LLC Subdivision Improvement Agreement (TM.20473).docx-msv2 <br />