Reso 2020-039 - Laserfiche WebLink

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29 Property prior to property conveyance or ground lease commencement subject to City’s Grading Ordinance. 1.5. Community Facilities District. Developer and City shall cooperate in the formation of a community facilities district or districts by the City pursuant to the Mello Roos Community Facilities District Act of 1982 (Gov. Code §§ 53311–53368.3) (the “Mello-Roos Act”). Special taxes derived from the District may be used to pay for public area maintenance, public area utilities, reserves and capital expenditures for public infrastructure, and administration of the District. Public area maintenance may include maintenance of public streets, parking lots, park, trail, boat launch, building(s), the harbor basin, and the pedestrian bridge. Such maintenance may be related to hardscape, landscape, and irrigation; lighting; site amenities (picnic tables, bbqs, public art, etc.); stormwater facilities; rodent and pest control; aeration fountains; and riprap. Reserves and capital expenditures may be utilized to make improvements and adaptation for sea level rise, including installation of additional rip rap or a seawall, as well as capital improvements to public areas, such as road replacement, infrastructure upgrades, and amenity replacement. The final scope of the Community Facilities District shall be subject to the Local Goals and Policies and Rate and Method of Apportionment Boundary Map, as adopted by the applicable landowners. The Rate and Method of Apportionment Map shall detail, among other things, how the special tax is levied, maximum special tax rates, and method of apportionment. 1.6. Labor Agreements. 1.6.1 Contractors. Prior to the date of this Agreement, Developer has entered into a Letter of Intent (“LOI”) with the Building Trades Council of Alameda County regarding the Project. For each Element of the Project that is Developer’s responsibility, and prior to the conveyance of such Element to Developer through the applicable Ground Lease or Purchase and Sale Agreement, Developer or its General Contractor shall enter into a project labor agreement in accordance with the LOI, and such labor agreement must be adhered to by any general contractor retained by the Developer. For purposes hereof, a project labor agreement means a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code and California Public Contracts Code Section 2500, or successor statutes. If and to the extent required by federal and state prevailing wage laws, rules and regulations, Developer and its contractors and agents shall pay prevailing wages for all construction, alteration, demolition, installation, and repair work performed for the Project, in compliance with California Labor Code Section 1720 et seq. and applicable federal labor laws and standards, and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions; provided that the Parties have determined that the Prevailing Wage Laws are applicable to the work to be performed for the Golf Course Element. If the Prevailing Wage Laws are applicable to an Element, Developer shall submit to City a plan for monitoring payment of prevailing wages for such Element and shall implement such plan at Developer’s expense. For purposes of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work, and work