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Executive Director of Planning and Building Agency and meeting CITY design specifications and standards, OWNER shall pay for the design and construction of the public improvements identified below prior to final approval for occupancy or the issuance of a Certificate of Occupancy. CITY shall be solely responsible for all aspects of the public improvements including, but not limited to, the analysis, design, engineering, construction and inspection/administration of: (1) Santiago Park neighborhood improvements at up to three locations on Edgewood and/or Bush Street to achieve traffic calming. Improvements may be based on 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) Sheet lighting enhancements by replacing all existing non -LED lights and/or fixtures with LED lights and/or fixtures throughout the Santiago Park Neighborhood. (3) A sheet light at the Santiago Park Drive / Main Street intersection. (4) Decorative concrete pavement within the intersection of Main StreetAVaWe Way and Main Street/Santiago Park Drive. 4.2.2 Safety Fencing. At the time of issuance of the first building permit, OWNER shall pay the CITY $150,000.00 to reimburse the CITY for the installation and maintenance of security fencing under the I-5 freeway and Broadway overpass for neighborhood safety (see Exhibit "J" - Safety Fencing). 4.2.3 Graffiti Removal. OWNER shall install and maintain graffiti protection on all new surfaces and shall, within 24 hours of receiving notice of graffiti, cause it to be removed and associated restorations completed throughout the Project. 4.3 Development Impact 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 the first building permit for the Development, 4.3.3 Reserved. 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. 55394.000=331553187.13 #21124v3 Ordinance NS-2979 Page 26 of 59