PC 2000-49 - Laserfiche WebLink

ulgoaso~bly restrict the golf course use. The City agrees to cooperate and make joint at~plications as requested by the Property Owner for a wall not to exceed feet in height on the western side of the overpass at the eas~ end 0~e~Property. (c) Property Owner acknowledges that a City sanitary sewer lift station is located Within the Property which may need to be replaced and/or relocated by the City. City acknowledges that Properly Owner has no financial obligation for the replacement or relocation of the senitm'y sewer lift station. City agrees to confer with Properly Owner to identify an a~propfiate location should relocation of the sanitary sewer lift station be required. Subject to reimbursement for oversizing, and, if needed, Property Owner will install an oversized gravity sewer main Within the street system of the Project to serve the existing sanitary sewer lift station. City agrees to enter into a reimbursement agreement with Property Owner to reimburse the costs of such oversizing. [Subject to City Engineer's review, this Section appears to be correct.] (d) Easements dedicated for pedestrian use shall be permitted to include ~semen~s for underground drainage, water, sewer, gas, electricity, telephone, cable and other utilities and facilities so long as they do not unreasonably interfere with pedestrian use. 3.16 Offsite Infrastructure Improvements - Issuance of Bulldin~ Permits. In no event shall City condition the issuance of any building permit for the Project on the completion of any offsite il~-rlmtructure improvement. Notwithstanding the provisions of the preceding sentence, Property Owner agrees to commence the design and construction of the railroad underpass to pl~ovide access from Valley Avenue to Case Avenue at the time of the issuance of the 250u~ building permit for a single family detached market rate residential unit. [Greenbriar r~co~nizes that th~ commencement of the underpass will be tied to the issuance of building p~rmi~s, This Section is designed to address completion of offsite infrastructure improvements. Clarification along these lines may be appropriate.] ARTICLE 4. 4.1 Conditions Precedent to Annexation. Property Owner and City shall work to~ether in a cooperative and diligent manner to apply for, process and facilitate the annexation of the Property to the City of Pleasanton. Nevertheless, unless and until all of the conditions set forth in Section 4.1, subsections (a) through (d) (the "Annexation Conditions") have been satisfied, Property Owner shall have no obligation to cooperate with City to initiate or otherwise ptusue annexation of that portion of the Property currently in unincorporated Alameda County (referred to herein for ease of reference as annexation of the Property, even though a portion of the Property is located within the City), and Property Owner shall retain all rights to challenge and oppose such annexation, at any time during but prior to the effective date of the annexation process, initiated by City or any other party. In the event one or more of the Annexation Conditions have not been satisfied prior to the Annexation Deadline defined in Section 4.4. of this Agreement, and an application for annexation is then pending, City shall, unless Property Owner waives the condition(s) that has not been satisfied or unless the parties agree to waive the provisions of Section 4.4 as provided in said Section, withdraw the application for annexation and take all other steps n~cessary to terminate the pending annexation proceedings. City shall 35f~90~49375v5 - 16- 08/04/00