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PAGE 2 <br />necessarily limited to grading, curb and gutter,. sidewalk, paving, street <br />lighting, street trees, street monuments, underground utilities, storm drainage <br />facilities, sanitary sewer facilities., tree removal and traffic control devices. <br />Developer shall start or cause to be started construction and installation of <br />said improvements within thirty (30) days following receipt of written notice <br />with respect thereto from the City Engineer. of City and shall pursue or cause to <br />be pursued said construction and installation diligently to completion. <br />3. Developer shall indemnify and save. and hold harmless from and defend <br />the City, members of City's council and their agents, servants and employees, <br />against any and all claims, costs, demands,. causes of action, suits, losses, <br />expenses or other detriment or liability arising from flooding or lack of access <br />to the property shown on Exhibit."A".hereto because of the. temporary nature of <br />existing driveway and crossing improvements and existing storm drainage <br />conditions. <br />4. Developer shall, prior to issuance of a building permit for either <br />of the two southerly parcels reflected in MS-79-7, prepare improvement plans to <br />the satisfaction of the City Engineer, providing for permanent and safe access <br />along the frontage of and into the parcel described on Exhibit "A" hereto. <br />5• That the water line, proposed by Developer for extension between <br />Sunol Boulevard and Happy Valley Road be designed by Developer including <br />provision for a public service easement, to the satisfaction of the City <br />Engineer, within one hundred twenty (120) days of issuance of a building permit <br />herein. <br />o. This agreement shall be binding upon the property described in <br />Exhibit "A" and shall. inure to the benefit of the heirs, successors and assigns <br />of the parties hereto. It shall be recorded at Developer's expense and <br />