ORD 1815A - Laserfiche WebLink

If at the end of the twenty-four (24) month period Properly Owner has been unable to obtain the Necessary Permits for Alternative A or, if it becomes reasonably certain to Property Owner and City that Property Owner will be unable to obtain the Necessary Permits for Alternative A within the twenty-four (24) month period, Property Owner shall have the right forthwith to develop the Property as provided in Alternative B. In order to permit Property Owner to proceed immediately with the development of Alternative B (in accordance with the timing and provisions of this Section 3.l5(a)), City hereby agrees that, if requested by Property Owner at any time during the twenty-four (24) month period, City will process (concurrently with Alternative A's) a Master Map, improvement drawings and a Final Map for Alternative B. In the event Property Owner develops under Alternative B, Properly Owner shall transfer without cost to City the portion of the Eastern Area that it had not transferred to City previously (as provided in Section 3.3) and City shall transfer without cost to the Property Owner those portions of the Western Area and Central Area necessary to allow Properly Owner and City to develop their respective properties in accordance with the final development plan that is determined in accordance with the provisions of this Section 3.15(a), (b) Property Owner and City recognize and acknowledge that sound attenuation measures including, but not limited to, earth berms and sound walls, may be required to reduce noise impacts to residences within the Project. City therefore agrees to reasonably consider any and all sound attenuation measures proposed by Property Owner. In addition, if City agrees to any sound attenuation measures that require CalTrans' approval, City will cooperate with Property Owner in making application to CalTrans for the approval of any such measure, (c) Property Owner acknowledges that a City sanitary sewer lift station is located within the Property which may need to be replaced and/or relocated by the City. City acknowledges that Property Owner has no fmancial obligation for the replacement or relocation of the sanitary sewer lift station. City agrees to confer with Property Owner to identify an appropriate location should relocation of the sanitary sewer lift station be required. (d) Provided a finding is made by City that a need for oversizing of sewer infrastructure facilities, including, without limitation, an oversized gravity sewer main, exists and provided no delay is caused to Property Owner's receipt of Project Approvals and development of the Project by City's requirements relating to the design and installation of such oversized facilities, Property Owner will install such oversized facilities within the street system of the Project to serve City's existing sanitary sewer lift station. City agrees to enter into a reimbursement agreement with Property Owner to reirnburse Property Owner, on an as-invoiced basis, all costs associated with such oversizing. Those costs shall include any and all costs which exceed the estimated cost of Property Owner's installation of sewer improvements designed solely to serve the Project. (e) Easements dedicated for pedestrian use shall be permitted to include easements for underground drainage, water, sewer, gas, electricity, telephone, cable and other utilities and facilities so long as they do not unreasonably interfere with pedestrian use. (f) In connection with the development of the Project, it will be necessary to relocate a Castlewood waterline, In that connection, City hereby agrees that while Property 33690/849375v 14 - 19- 08125100