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input from the Santiago Park Neighborhood Association and may include, but not be limited to, bulb - outs, traffic circles and medians within the neighborhood streets. (2) Santiago Park Neighborhood entry monuments at Main Street/Edgewood Road, Santa Clara Avenue/Lincoln Avenue, and Santiago Street/171s Street based on input from the Santiago Park Neighborhood Association. (3) Street lighting enhancements by replacing all existing non LED light and/or fixture with LED light and/or fixture throughout the Santiago Park Neighborhood. (4) A street light at the Santiago Park Drive / Main Street intersection. (5) Decorative concrete pavement within the intersection of Main Street/Walkie Way and Main Street/Santiago Park Drive. 4.2.2 Public Improvement Maintenance Agreement. In the event the land swap between OWNER and CITY, that is currently being considered, does happen, then prior to receipt of final approval for occupancy or the Certificate of Occupancy, or such later date as the land swap is completed, OWNER shall enter into a Maintenance Agreement for OWNER to maintain, pursuant to CITY standards, the Santiago Park Drive improvements installed pursuant to this Agreement including, but not limited to, roadway pavement, curb and gutter, sidewalk, trees, tree wells, and landscaping. Such Maintenance Agreement, if executed, shall terminate no later than 55 years following the Effective Date. 4.2.3 Graffiti Removal. OWNER shall also install and maintain graffiti protection on new surfaces and shall, within 24 hours of discovery of graffiti, cause it to be removed and associated restorations completed throughout the Project. 4.3 Development Imnact Fees. 4.3.1 Amount of Fee. The Development Impact Fees set forth in Exhibit "D" shall be charged to the Project. These fee amounts are estimated and will be subject to change based on the fee rate applicable at the time of issuance of the Building Permit. 4.3.2 Time of Payment. The fees required pursuant to Subsection 4.3.1 shall be paid to CITY prior to the issuance of building permits for each residential unit. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the fees required pursuant to Subsection 4.3.1 shall be paid prior to the re - issuance or extension of any building pentut for a residential unit for which such fees have not previously been paid. 4.3.3 Fee Credits. OWNER shall be entitled to credit against the fees required pursuant to Subsection 4.2.1 for the dedication of land, the construction of improvements or the payment of fees as specifically set forth in Exhibit "E. 4.3.4 Future Development Impact Fee Program Changes. The Parties hereby agree that, in addition to the Development Impact Fees included in Exhibit "D", the Project shall be subject to any increase in fees, or amendment or alteration, of Development Impact Fee programs in effect on the Effective Date. -15- 55394.00002331553187.10 75E-141