12A Action - Laserfiche WebLink

Home

13 ARTICLE III OBLIGATIONS OF DEVELOPER 3.1. Obligations of Developer Generally. The parties acknowledge and agree that the City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer’s agreement to perform and abide by its covenants and obligations, as set forth herein. The parties further acknowledge and agree that Developer’s obligations set forth in this Agreement are in addition to Developer’s agreement to perform all the mitigation measures identified in the MMRP, all conditions of approval imposed on Project Approvals or Subsequent Approvals, and all obligations of Developer under the DDA and the DDA Implementation Agreements. The Project is expected to be built over several phases in response to existing market conditions and demand, availability of financing, interest rates, competition and other similar factors over the Term of the Agreement. Notwithstanding the foregoing, certain portions of the Project are required to be performed and completed in the earliest phases of the Project, including without limitation demolition, soil surcharge, mass grading, and installation of riprap in areas in and adjacent to the Park Element and the Monarch Drive Element in order to facilitate the City’s construction of the Park Element and to expedite the construction of certain roadway and public infrastructure as necessary for public use of the Property and surrounding areas. In order to ensure that all development of the phases of the Project occurs in a manner that is compatible with the infrastructure needs and environmental mitigation responsibilities of the Project, all of Developer’s obligations under this Article III shall be performed in accordance with the DDA Schedule of Performance. 3.2. Public Improvement Agreements. Developer and City shall enter into one or more Public Improvement Agreements in substantially the form of Exhibit C attached hereto (the “Public Improvement Agreement”) regarding the construction of Public Improvements throughout the Project. The Public Improvement Agreement shall require that the work performed thereunder is in compliance with the Prevailing Wage Laws, as defined in Section 1.6.1 of the DDA. The Public Improvement Agreement for the Golf Course Element shall require that the construction contract for such improvements include one year of maintenance of improvements in order to ensure establishment of landscaping. 3.3. Golf Course Element. In the event that Developer acquires the Single Family Parcel from City, Developer shall redesign and reconstruct, at Developer’s sole expense, a nine- hole parkland style par 3 golf course located on that portion of the City’s Monarch Bay Golf Club Marina Golf Course in accordance with the requirements of Section 1.4.2 of the DDA. 3.4. Park Element. Developer shall be responsible for the construction of the portions of the Park Element located along the San Francisco Bay shoreline, adjacent to the Developer Hotel Parcel (“Hotel Promenade”) and on the Multifamily Parcel (“Multifamily Promenade”) (collectively referred to herein as the “Park Promenades”), in accordance with Sections 1.4.3 and 1.4.4 of the DDA, and as shown on the Shoreline Responsibility Map of the DDA (Exhibit R to the DDA), except as modified herein. Such development work shall include all necessary improvements, including Site Preparation as described herein and all underground infrastructure and surface improvements necessary for the construction of the Park Promenades. Surface improvements shall include the construction of a multiuse trail within such area as required and approved by BCDC, including the integration of an Emergency Vehicle