ORD 2285 - Laserfiche WebLink

ARTICLE 3 Developer Obligations Section 3.1 Obligations of Developer Generally. The Parties acknowledge and agree that City's agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long-term covenants and obligations, as set forth herein. Section 3.2 Developer Obligations. The Developer shall comply with all of the requirements set forth below: a. Design and complete a trail extension from the Project's southeastern trail connection at Foothill Knolls Park to the Project's northern trail connection at Eastwood Way, which trail extension is identified as a priority improvement in the Pleasanton Trails Master Plan, and which is set forth in more detail on Sheets TM2.0 and L1.1 of DA Exhibit B and in DA Exhibit F (the "Trail Extension"). Developer shall be solely responsible for all costs associated with the design, installation, and ongoing maintenance of the Trail Extension, and the City shall indemnify the Developer and its successors for claims associated with the public's use of the Trail Extension as a public trail, except to the extent that any such claims are the result of the sole negligence or willful misconduct of Developer or its successors. The Trail Extension shall be substantially completed, to the satisfaction of the City Engineer, no later than issuance of the building permit for the 50th residential unit in the Project (including model homes) or within four years of issuance of the first building permit for the Project (including model homes), whichever comes first. Developer shall provide the City a public access easement over the Trail Extension, in a form approved by the City Attorney. b. Design and install road frontage improvements that will improve pedestrian and bike safety on Foothill Road beyond the Project Site frontage to the south, to Foothill Knolls Drive, and to the north, beyond Muirwood Drive, as set forth in more detail on Sheets C7 and C8 of DA Exhibit B and in DA Exhibit F (the "Foothill Road Offsite Improvements"). Developer shall be solely responsible for all costs associated with the design and installation of the Foothill Road Offsite Improvements. The Foothill Road Offsite Improvements shall be substantially completed, to the satisfaction of the City Engineer, no later than issuance of the building permit for the 50th residential unit in the Project (including model homes) or within four years of issuance of the first building permit for the Project (including model homes), whichever comes first. C. Developer shall install improvements on Foothill Road to allow for safe pedestrian, bicycle and vehicular ingress/egress to the Project site from Foothill Road, including (1) a southbound and northbound 11 -foot wide travel lane; (2) a southbound 11 -foot wide by 100 -foot long left turn pocket (not including the taper); (3) a pedestrian path along the eastern side of Foothill Road that is maintained at all times; (4) southbound and northbound bicycle lanes are the same as or similar to those existing at the time of commencement of construction of the Project (the "Safe Access Improvements"). The Safe Access Improvements shall be installed, to the satisfaction of the City Traffic Engineer, prior the Certificate of Occupancy for the first residential unit in the Project (including model homes). d. A monetary contribution in the amount of $1,000,000, which shall be used by City for public safety facilities and equipment in order to improve public safety, shall be paid by Developer in three installments as follows: (1) $200,000 at issuance of the first residential building permit in the Project; (2) $400,000 at issuance of the 50th residential building permit in