RES 98149 - Laserfiche WebLink

d. T.T.K. shall pay all required processing and development fees imposed by the City. and other public agencies for its residential development. e. Upon annexation, T.T.K. shall be subject to the City's growth management ordinance, planned unit development CPUD") zoning requirements. subdivision regulations, building permits, and all other applicable City ordinances. resolutions, and standards; and all applicable state and federal standards and permit requirements. 4. Permits. City shall file an application for all necessary regional. state, and federal agency permits relating to streams, wetlands, and special status plant and wildlife species on the Golf Course and for development of the residential portion of Parcel 110 (assumed to have approximately four acres of area to be graded and developed). 5. Special Status Species Habitat Preserve. It is assumed by the parties that state and federal agencies will require a one-to-one ratio of open space to development acreage to be set aside and maintained in perpetuity for use as habitat for the California tiger salamander and red-legged frog. City shall assign credit to T.T.K. for up to four acres of habitat land lost to proposed grading on the SRDR portion of Parcel 110, and City shall maintain the same amount of acreage of open space land dedicated to the City by T.T.K. for the purposes of assisting T.T.K. in compliance with such state and federal requirements. 6. Emergency Vehicle Access (EVA). City is developing a paved golf cart path system as part of the Golf Course Project. City shall grant to T.T.K. an easement to utilize the applicable portion of the golf cart path as an EVA to provide secondary access to T.T.K.'s residential development on Parcels 109 and 110 for emergency access purposes only. 7. Grading,. Prior to the time the City adopts a grading plan for the Golf Course Project, City shall meet with T.T.K. to coordinate grading, where needed. of both the T.T.K Property to be granted to the City and the residential grading portion of Parcel 110 (approximately four acres) as conceptually shown and approved in the PUD development plan. The parties shah use their best efforts to agree on a plan and schedule for concurrent grading and an equitable sharing of costs. The City shall take fill dirt from the approximately four acres portion of Parcel 110 if requested by T.T.K., and the City may use such fill dirt on the Golf Course Property. However, if T.T.K. is not prepared to move with its development in time to permit coordination of grading, the City has the discretion to proceed with its grading, and any obligation to coordinate grading shall cease. 8. Termination of Agreement. Prior to the date that the City accepts the grant of the 25.98 acres, the City may terminate this AGREEMENT at any time and for any reason. If the City so elects to terminate this AGREEMENT, City shall not be responsible for any costs, expenses, claims or damages incun'ed by T.T.K.T.T.K. expressly waives all costs, expenses, claims, damages or causes of action against the City arising out of this AGREEMENT and otherwise should the City decide not to accept the grant of the property discussed herein and to terminate the AGREEMENT. Draft 10/8/98 [2 Lots] T.T.K. Partnership 3