3_Exhibit A - Laserfiche WebLink

Resolution No. PC-2023-06 Page Eighteen recorded on 9-05-2013 as Series No. 2013-299219, and a Third Amendment to DA recorded on 9-19-2018 as Series No. 2018-182964. Section 4.5 “Easements; Improvements” (Page 11) of the DA includes the following language: “City shall cooperate with Developer in connection with any arrangements for abandoning existing utility or other easements and facilities and the relocation thereof or creation of any new easements within the Property necessary or appropriate in connection with the development of the Project.” Portions of the public services easements (PSE) described in the report will require abandonment and relocation. The abandonment process shall follow California Streets and Highways Code §8300 et seq. A replacement PSE shall then be dedicated to the City by separate instrument across the new alignments of the public sanitary sewer and water pipelines (i.e. Drive Aisles A and B plus the Pedestrian Plaza). Note that the DA is currently scheduled to terminate on 12-31-2022. (Address this condition prior to plan approval) (Project Specific Condition) 52. STORMWATER AGREEMENT. Referring to the report by Fidelity National Title Insurance Company, the applicant shall address the following encumbrance: Exception #10 describes a Stormwater Treatment Measures Inspection and Maintenance Agreement (O&M Agreement) recorded on 12-27-2006 as Series No. 2006-470039. This O&M Agreement was executed when improvements were made to the southwest area of the applicant’s property. The current application involves the southeast area. Said O&M Agreement shall be amended to include areas where additional stormwater treatment measures are installed. For more information about such agreements, refer to the Alameda Countywide Clean Water Program’s C.3 Guidance Manual, Chapter 8. (Address this condition prior to issuance of an occupancy permit) (Project Specific Condition) 53. PEDESTRIAN WALKWAY NETWORK. The project shall be amended to include an interconnected network of pedestrian walkways surrounding the development. Dead end walkways that terminate at drive aisles shall be eliminated in favor of walkways that provide safe and continuous pedestrian access to all primary development entrances as well as the public sidewalk network and the existing walkway that leads to the mall entrance. The walkways shall be accessible for the disabled including curb ramps with truncated domes and marked crosswalks where pedestrians cross vehicle aisles or driveways. The existing gap in the pedestrian network at the southwest corner of the site that shall be closed by extending a walkway west along the north side of Stoneridge Mall Road (south) to the existing crosswalk at Springdale Avenue. This sidewalk gap closure can either be implemented as part of the development or, at the discretion of the Director of Community Development may be deferred to a subsequent phase of development through implementation of improvements planned as part of the broader redevelopment of Stoneridge Mall as envisioned in the City-adopted Stoneridge Mall Framework. If deferred, the applicant shall provide a guarantee to City in an amount equivalent to the future cost of the improvement including design, construction, contingency, and administrative fees. The form of guarantee shall be a deferral agreement approved by the Director of Community Development prior to issuance of a Building Permit. The guarantee shall be released, and any amounts paid refunded in full if development on the neighboring property (APN 941-1201-30-6, commonly known as the "Macy's" parcel) is approved with an equivalent or better pedestrian facility within two years of issuance of the first Certificate of Occupancy for this project . If development on the Macy’s parcel is not approved within two years, applicant shall either install the sidewalk gap closure, or forfeit any amounts paid so City or a third party can install the improvement at a later date. In addition, a pedestrian refuge island shall be constructed at the northwest corner of the site at the “Y” vehicle intersection. The refuge island shall be constructed