|
26
<br />
<br />that Developer makes no representations, warranties or guarantees regarding the completeness or
<br />accuracy of the plans, and Developer does not covenant to convey the copyright or other
<br />ownership rights of third parties thereto. Such plans shall thereupon be free of all claims or
<br />interests of Developer or any liens or encumbrances. Upon City acquiring Developer’s rights to
<br />any and all of the Park Element plans, City shall be permitted to grant, license, or other dispose
<br />of said plans to any person or entity for development of the Park Element or any other purpose,
<br />provided, however, that Developer shall have no liability whatsoever to City or any transferee or
<br />title to the plans in connection with the use of the plans.
<br />
<br />1.4.9. Harbor Element. The City shall be responsible for performing demolition
<br />within the San Leandro Marina Harbor (“Harbor”) adjacent to the Property in order to make a
<br />clean, aesthetically appropriate and environmentally sound environment, at City’s expense. The
<br />City’s obligation to cause the demolition within the Harbor is expressly made contingent upon
<br />the close of escrow for the Single Family Parcel. The demolition within the Harbor shall be in
<br />conformance with the Scope of Development. The final plan for the Harbor demolition shall be
<br />approved by the City in its sole discretion and approved by BCDC. Subject to compliance with
<br />the Scope of Development, public trust requirements and all applicable laws, City has sole
<br />discretion of the extent of the demolition within the Harbor. Notwithstanding the foregoing,
<br />Developer shall, at its sole cost and expense, relocate the Wes McClure public boat launch
<br />located on the outside of the Harbor from its current location to Pescador Point, as described in
<br />the Scope of Development.
<br />1.4.10. Monarch Bay Drive Element. The Developer shall be responsible for
<br />design, expansion, and reconstruction of Monarch Bay Drive, including but not limited to,
<br />construction of a two lane road with appropriate left turn lanes, a class I bicycle facility, parking,
<br />sidewalks, new curb-to-curb pavement, striping, new signage, landscaping, irrigation, new and/or
<br />modified utilities, undergrounding of utilities (excepting the existing steel pole utilities that north
<br />from the Horatio’s driveway), lighting, pedestrian, and transit amenities, and construction of a
<br />traffic circle at Monarch Bay Drive and Mulford Point Drive. A credit against the applicable
<br />Development Fee for Street Improvements, in an amount equal to the cost of any required
<br />improvements to the western half of Monarch Bay Drive that directly abuts the existing
<br />Horatio’s Restaurant (Parcel G) and Marina Inn Hotel (Parcel H), shall be provided by the City.
<br />1.4.11. Infrastructure Element. The Developer shall be responsible for site
<br />preparation required for the development of its Project Elements: Single Family Element, Golf
<br />Course Element, Developer Hotel Element, Multifamily Element, Developer Restaurant
<br />Element, and Market Element. Such site preparation shall include Demolition of existing paving,
<br />buildings, and other improvements, tree removal, flood plain and sea level rise mitigation,
<br />geotechnical mitigation, and rough grading in accordance with the Scope of Development and
<br />Exhibit R. The Developer is responsible for design and reconstruction of the portions of Mulford
<br />Point and Pescador Point Drives, which are located south of the Developer Hotel Element
<br />(Parcel J) and Multifamily Element (Parcel I), in accordance with the Scope of Development and
<br />Exhibit R. Such improvements shall include, but are not limited to sidewalks, new curb-to-curb
<br />pavement, striping, new signage, landscaping, irrigation, new and/or modified utilities,
<br />undergrounding of overhead utilities, lighting, and pedestrian amenities, subject to final review
<br />and approval by the City Engineering and Transportation Director. The Developer is responsible
<br />for design and reconstruction of portions of Mulford Point Drive located to the west of the
|