RES 02107 - Laserfiche WebLink

10. 1, above. Because the City will process the subdivision map, the in lieu park fees (which are usually due at the time of recordation of the final map) shall instead be paid at the time a building permit is obtained for each of the 34 new residential lots. Nothing in this Section 4 affects the responsibilities of the parties with regard to their Pro Rata Share of Infrastructure as provided in Section l(c), above. Prior to the date that the City approves a final map and awards a construction contract for the golf course project, the City may terminate this MOU at any time and for any reason. If the City so elects to terminate this MOU, City shall not be required to acquire the Golf Course Property or any other portion of the Core Property, and shall not be responsible for any costs, expenses, claims or damages incurred by Landowners. Landowners expressly waive all costs, expenses, claims, damages or causes of action against the City arising out of this MOU and otherwise should the City decide not to proceed with the golf course project and to terminate the MOU. If the City elects to terminate this MOU, the City shall meet with the Landowners to discuss the sale and/or transfer of the plans, designs, specifications, and environmental permits to the Landowners upon terms agreeable to both parties. After the City approves a final subdivision map for the Core Property, including completing the appropriate environmental review to permit the City to acquire the Golf Course Property, Landowners, following request by the City, shall transfer the Golf Course Property to City. At the time of the transfer, the Golf Course Property shall be free of all liens and encumbrances other than those which the City expressly accepts. The City shall be responsible for any fees and reimbursements levied pursuant to the North Sycamore Specific Plan for 24 of the 34 new Lots. Landowners shall be responsible for paying any such fees or reimbursements chargeable to I0 of the 34 new Lots. The three existing or replacement Lots are exempt from such fees or reimbursements. The City shall be responsible for all costs related to the Bypass Road for the 37 lots. City shall cooperate with the Landowners in siting the residential lots on the Residential Property so as to minimize the Landowners' costs to extend public utilities to the Lots; provided, however, that the City retains final discretionary authority concerning the Lots' siting and the roadway. At the time the Golf Course Property is transferred to City, Landowners shall record conservation easements, in a form acceptable to the City, on the Lots so as to prevent the further subdivision thereof. Page 6 of 8