11 ATTACHMENT 1 - Laserfiche WebLink

to the Project property line shall be in a location acceptable to the City and Roberts, shall be 12 feet in width and shall be improved with a surface material acceptable to the City and Roberts. Developer shall bear the incremental cost to increase the structural integrity of this portion of the easement to accommodate the weight of a type 3 fire vehicle rather than a type 4 type vehicle. In the event that the City and Roberts aze unable to agree on the relocation of the existing easement, its width(s), or the surface materials thereof, then Developer shall improve the existing easement to the satisfaction of the City. Developer shall also construct an electronically controlled gate, as approved by the City, at or neaz the common property line between the Project site and the Grey Eagle Estates subdivision to prevent the egress of persons and vehicles from the Project site to that subdivision. That portion of the fire access road from Court 3 to the Grey Eagle Estates property line shall be crushed granite or similaz material. For any fire access road that is located outside the Project boundaries that the Developer must construct, to the extent that Developer needs temporary construction easements to construct such road but is unable to acquire such temporary construction easements on its own and the City must use its power of eminent domain to acquire such easements, Developer shall be responsible for all costs associated with such acquisition including, but not limited to, appraisals, attorneys fees, the fair mazket value of the land to be taken (including severance damages if any), litigation expenses (including the property owner's attorneys fees if awazded by the court). If the Developer does not need to construct a