ORD 1792 - Laserfiche WebLink

(e) Landlocked Parcels: (i) The Proceeding Developer shall not be required to install any sewer or water infrastructure on private property to serve Landlocked Parcels, but shall provide a monetary subsidy for the installation of private sewer and water lines therein. The mount of the monetary subsidy shall equal the Proceeding Developer's average contract cost per lineal foot for design, construction and installation of the water and sewer infrastructure in the area, calculated based on the distance in lineal feet from the Landlocked Parcels to the nearest public main. Such mount shall be deposited by the Proceeding Developer into a special account maintained by City and earmarked for this purpose, and shall be a Reimbursable Cost. (ii) Landlocked Parcels are those parcels which are surrounded by other parcels, and cannot reasonably access the public mains; Landlocked Parcels shall not include those parcels which are adjacent to another parcel accessible by public mains where both parcels are under common ownership or common control. 5. Indemnification of Insurance: The Proceeding Developer shall provide insurance and agree to indemnify, defend and hold harmless all of the other Funding Developers and the City for claims and causes of action arising from the design, construction and installation of the sewer and water infrastructure under this Agreement. The scope of these insurance, indemnity, defense and hold harmless obligations shall be the same as those of a subdivider as provided in the City's standard subdivision improvement agreement. Each other Funding Developer shall be: (i) added as an additional insured to the Proceeding Developer's insurance policies if and to the extent an insurable interest exists on the part of such Funding Developer; and (ii) be entitled to be defended, indemnified and held harmless in the same manner and to the same extent as if such Funding Developer's name were substituted for City in the subdivision improvement agreement. 6. Effectiveness: This Finance Plan shall not be effective to impose obligations upon or confer rights to benefit any Developer, landowner, or Property unless and until (a) a Development Agreement (or other suitable contractual reimbursement agreement acceptable to the City and the Funding Developers, in the aggregate), for the projects of each of the three Funding Developers identified herein (TTK, Black Mountain and New Cities) shall have been executed and approved (if necessary) in accordance with Government Code Section 65864 et seq., executed by both the City and the respective Funding Developer or landowner, as applicable, and recorded, and (b) the City Council of City shall have granted PUD approval for all three (3) Projects identified in Section l(a), (b), (c); and (c) the TTK Project and Black Mountain Project areas have been approved for annexation into the City of Pleasanton at the November 16, 1999 annexation election; all these conditions must be satisfied on or before January 31, 2000, or this Finance Plan shall be of no force or effect. The terms of this Section 6 are a condition precedent of all obligations of any of the Funding Developers under this Finance Plan, including but not limited to the Funding Developer(s), if any, who execute(s) a Development Agreement (or other suitable contractual reimbursement agreement) prior to execution of all three Development Agreements (or other suitable contractual reimbursement agreement). -7- 10/21199