RES 17916 - Laserfiche WebLink

(b) Prior to the transfer of the Dedication Parcel as provided in Section 4, below, the parties acknowledge that Developer will use the Dedication Parcel as a staging area for Project construction. Developer and Sunflower will cooperate and coordinate regarding Sunflower's access to the Dedication Parcel as described in Subsection(a), above, so as to minimize impact to Developer's use of the Dedication Parcel as a staging area. 4. Transfer of Dedication Parcel. After the final map (or first final map if final maps are phased)has been recorded for the Project, the Dedication Parcel shall be granted by Developer to City by separate instrument upon the earlier of: (a)within 60 days of written notice provided to the Developer by the City; or(b) no later than gas turn-on for the final unit in the Project. When the Dedication Parcel is transferred, Developer shall certify that it is free and clear of any and all liens, leases, encumbrances, and title exceptions except for those specifically agreed to by the City in writing. Developer shall pay for escrow costs for the transfer, and City shall pay for title insurance if the City seeks such insurance. The Developer and City may agree to a different timing for the transfer of the Dedication Parcel by counter-signed letter approved by the City Manager and Developer. Any failure by Developer to transfer to the City the Dedication Parcel as provided in this Section 4 in the reasonable determination of the City's Director of Community Development, appealable to the City Manager, shall be grounds for the City to withhold the issuance of building permits for the entire Project, in addition to all other remedies. 5. Improvements and Condition of Dedication Parcel. In conjunction with Developer's development of the Project, Developer shall: (a) bring water, sewer, storm drain and other wet and dry utility lines to two (2)points along the Dedication Parcel property line; (b) stub those utility lines at the Dedication Parcel property line; (c) bring joint trench and other utility infrastructure to the Dedication Parcel property line; (d) plan the Project's utility infrastructure at sufficient size and capacity to serve the Sunflower Hill Concept Proposal;(e) install curb and gutter around the Dedication Parcel, with curb cuts at locations in the reasonable determination of the City Engineer or his/her designee; (f)undertake weed abatement and maintenance of the Dedication Parcel until the transfer of the same to the City as provided in Section 4; (g) provide for temporary landscaping as required by the Project's conditions of approval; (h) grade and hydroseed the Dedication Parcel so that it is ready as a developable pad in the reasonable determination of the City Engineer or his/her designee prior to transfer to the City; (i)remove any materials, equipment and personal property that Developer, its contractors or agents, or third parties, have placed on the Dedication Parcel such that the Dedication Parcel is ready in a developable condition in the reasonable determination of the Community Development Director or his/her designee prior to transfer to the City; and (j) ensure that the site is free of toxic substances and contaminated soils and not permit the storage or disposal of any hazardous or toxic substance, material or waste, as defined by 3