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there was also a provision in the original Ordinance that said it would be required, or the intersection improvements would be required, if they were warranted prior to a certain level of development being done. So that means if, let’s say, it was warranted now, then they would have to do it now. And so I did contact the Traffic Division and checked, and they said, yeah, they’d done a study on it and it already met two of the three traffic signal warrants, and they considered it important for this project to begin as soon as possible. So I know there was some negotiation in between – or even before I got involved in this, I guess – between the Traffic Division chief and the developer’s representatives, so -. I wasn’t aware of that; it was happening on a different level, so -. Yeah, he concurred with the changes that were being proposed then by the developer’s representative, by Sidney. And I also -, other than these changes that have been brought in to this, the last few changes that Sidney brought in, I have no objection to it. The issue of bonding – no occupancy shall occur until all the infrastructure covered by the bond or surety has been constructed and approved – I didn’t realize this, and in my comments I had been concerned that the occupancy could be allowed prior to that being done. But it turns out that there is already a provision in the Zoning Code that doesn’t allow for occupancy prior to improvements under that portion of the bond, or the improvements that are bonded to be done; they are required to be constructed before they are supposed to be able to occupy, so -. I wasn’t aware of that it’s in the Zoning Code. And it’s just being brought forward in this Ordinance as part of the condition. It could be somewhat redundant, but it does clarify the issue. The question of whether it should be before building permits are issued or not was something Commissioner Siracusa brought up. I haven’t really thought about that -. SIRACUSA: Occupancy permits, it says. Not building permits, but occupancy permits. EMLER: Yeah. Right. And I had an objection to this wording because there is no such thing as an occupancy permit for dwelling, and so either they should have been changed to building permit or changed to something that doesn’t -, or occupancy, period, should not occur. WATANABE: Follow-up. GRAHAM: Follow-up, Commissioner Siracusa? SIRACUSA: Well, that was in answer to your original question, so you should follow up first. WATANABE: Oh, okay. GRAHAM: Commissioner Watanabe? WATANABE: Well, the short of it though is as revised the conditions meet the concerns of the Department of Public Works, and really I think your main concern, as you stated earlier, is that the improvements be in prior to occupancy of the units, not necessarily prior to building of the units, right? EMLER: I have some reservations, and I hope maybe Sidney will put it on the record their intentions, because the enforceability or the practical matter of -. You know, once a building permit is issued to a lot owner, if you are selling to individual lot owners, once you EXHIBIT C 9