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RES 10340
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RES 10340
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2/25/2010 12:29:33 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
2/16/2010
DESTRUCT DATE
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DOCUMENT NO
RES 10340
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Exhibit "D" <br />portion of the easement to accommodate the weight of a Type 3 fire vehicle rather <br />than a Type 4 fire vehicle. If City and Roberts are unable to agree on the <br />relocation of the existing easement, its width(s) or the surface materials thereof, <br />the Developer shall improve the existing easement to the satisfaction of the City. <br />Developer shall also construct an electronically controlled gate, as approved by <br />the City, at or neaz the common property line between the Project site and the <br />Grey Eagle Estates subdivision to prevent the egress of persons and vehicles <br />from the Project site to that subdivision. That portion of the fire access road from <br />Court 3 to the Grey Eagle Estates property line shall be crushed granite or similar <br />material. For any fire access road that is located outside the Project boundaries <br />that the Developer must construct, to the extent that Developer needs temporary <br />construction (or other type) easements to construct such road but is unable to <br />acquire such easements on its own and the City must use its power of eminent <br />domain to acquire such easements, Developer shall be responsible for all costs <br />associated with such acquisition including, but not limited to, appraisals, <br />attorneys fees, the fair mazket value of the land to be taken (including severance <br />damages if any), litigation expenses (including the property owner's attorneys <br />fees if awazded by the court). If the Developer does not need to construct a fire <br />access road that is located outside the Project boundaries because such road has <br />already been constructed, Developer shall have the responsibility for certain <br />incremental costs associated with such construction as provided herein If the <br />Developer constructs a fire access road that is located outside the Project <br />boundaries that benefits other property owners, Developer and City shall enter <br />into a reimbursement agreement to permit Developer to recover from those <br />benefited those costs associated with the construction that the benefited property <br />owners would have been obligated to construct. If the Project is phased, Lots 8- <br />51 shall only be developed with the fire access roads described herein constructed <br />or under construction. Developer shall include in the CC&R's a provision that the <br />Oak Grove Homeowners Association will defend and indemnify the Grey Eagle <br />Estates Homeowners Association, the Kottinger Ranch Homeowners Association <br />and/or individual property owners within those subdivisions for claims arising out <br />of the public's use of the fire access roads. ff the City enters into a sepazate <br />agreement with the Grey Eagle Estates Homeowners Association, the Kottinger <br />Ranch Homeowners Association, and/or individual property owners within those <br />subdivisions concerning defense and indemnification for claims arising out of the <br />public's use of the fire access roads, Developer shall include in the CC&R's a <br />provision that the Oak Grove Homeowners Association will defend and <br />indemnify the City for such claims. <br />ARTICLE 4. OBLIGATIONS OF CITY <br />Section 4.01. Obligations of City Generallv. The parties acknowledge and agree <br />that Developer's agreement to perform and abide by its covenants and <br />obligations set forth in this Agreement, including Developer's decision to process <br />54393~84008v3 <br />
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