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<br />materials so long as such activities do not unreasonably interfere with City's development of the
<br />Public Parcel. \
<br />
<br />(e) With respect to Property Owner's reservation of rights to use portions of
<br />the Public Parcel for Biological Mitigation, to the extent any portion of the Public Parcel in the
<br />Eastern Area is required in connection with Biological Mitigation requirements for Alternative
<br />A, all portions of the Public Parcel in the Eastern Area shall be made available for any such
<br />Biological Mitigation measures. If any portion of the Public Parcel in either the Central Area or
<br />the Western Area is required in connection with the Biological Mitigation measures for
<br />Alternative A, City and Property Owner shall mutually agree on the portiones) of the Central
<br />and/or Western Areas to be used for the Biological Mitigation measures, such agreement not to
<br />be unreasonably withheld. If Alternative B is selected in accordance with the provisions of
<br />Section 3.15(a) and Biological Mitigation measures are required, the f11'St Biological Mitigation
<br />measures shall include the drainage ditch and detention basins in the Public Parcel located in the
<br />Central Area. Additional portions of the Public Parcel to be dedicated for Biological Mitigation
<br />measures that may be required with respect to Alternative B shall be mutually agreed upon
<br />between City and Property Owner, such agreement not to be unreasonably withheld. No matter
<br />which Alternative is ultimately selected in accordance with the provisions of Section 3.15(a)
<br />below, in no event shall Property Owner be required to provide Biological Mitigation outside the
<br />Property boundaries,
<br />
<br />(f) Property Owner shall dedicate and transfer the Public Parcel and City shall
<br />accept the offer of dedication and transfer within sixty (60) days following the later to occur of
<br />(1) the Property having been annexed into the City, (2) a Final Map having been recorded and (3)
<br />initial building permits having been issued for the Project's commercial and office property,
<br />apartment community, and residences on the 4,000, 6,000 and 12,000 square foot lots; provided,
<br />however, that if Property Owner has not submitted plans for "plan check" for residences on the
<br />4,000, 6,000 and 12,000 square foot lots within six (6) months following annexation, then the
<br />conditions of subparagraph (3) shall be deemed to be waived. In addition, if Property Owner is
<br />delinquent with respect to any item reflected on the "Master MaplBuilding Permit Schedule" (as
<br />hereinafter defined) for which Property Owner is responsible, by more than sixty (60) days, then
<br />the conditions of subparagraph (2) shall be deerned to be waived; provided, however, such
<br />waiver shall not be deemed to be effective if Property Owner has, on or before the expiration of
<br />any such sixty (60) day period, initiated and is diligently pursuing the procedures set forth in
<br />Section 5.6 and/or 5.5 below, Notwithstanding the conditions set forth in this Section 3.3(f),
<br />Property Owner shall, subject to the provisions of Section 3.3(c) above and 3,30) below,
<br />dedicate and transfer the Public Parcel and City shall accept the offer of dedication and transfer
<br />of the Public Parcel within thirty (30) days following June 1,2002,
<br />
<br />(g) Property Owner acknowledges that it has not yet been determined what
<br />uses the City will ultimately place on the Public Parcel but such uses may include (but are not
<br />limited to) a community park (including lighted sportsfields), a golf course, a commuter train
<br />station, and a cemetery, Once the uses are known, City will work in good faith with Property
<br />Owner to minimize the impacts of these uses on the Project's residential users; provided,
<br />however, in no event shall a cemetery be located anywhere on the Western Area. Property
<br />Owner shall include in its Covenants, Conditions and Restrictions, and shall prepare a disclosure,
<br />both to be approved by the City Attorney, such approval not to be unreasonably withheld,
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