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<br />Access within the construction of the Bay Trail adjacent to the Developer Hotel Element as
<br />defined by, and/or modified by, Fire Department requirements and approvals. Surface
<br />improvements shall also include, but are not limited to, all walkways, viewing
<br />stations, overlooks, hardscape (concrete, asphalt, decomposed granite), planters, planter walls,
<br />benches and other FF&E, structures, kiosks, restrooms, picnic areas, water quality detention
<br />areas, trees, shrubs, irrigation, ground cover, and 90 days’ plant establishment and maintenance.
<br />Developer shall provide City with all owner’s manuals, warranties, training, as-built documents
<br />and attic stock. Developer shall design all Multifamily and Developer Hotel Elements in such a
<br />way as to maintain public access to the Park Promenades as may be required by BCDC. City
<br />and Developer shall mutually agree upon a budget for such improvements. Developer shall be
<br />eligible for credit against the Park Development Impact Fees for some or all of the foregoing
<br />work in accordance with Section 3.25 of this Agreement. If Developer subsequently projects
<br />that the costs of the public facilities will exceed the amount of the Park Development Impact
<br />Fees eligible for credit pursuant to Section 3.25, Developer may notify City that it desires to
<br />discuss modifications to the project and budget in order to reduce the cost of such improvements,
<br />and/or finance a portion of the improvements through the Community Facilities District, public
<br />grants or other financing mechanisms, and City and Developer shall thereupon meet and confer
<br />with each other with respect to such matters.
<br />3.5. Harbor Element. Developer shall be responsible for the cost of relocating the
<br />Wes McClure public boat launch located on the outside of the Harbor from its current location to
<br />Pescador Point in accordance with Section 1.4.9 of the DDA, as further described
<br />herein. The cost of relocating the boat launch to be funded by Developer shall include all work as
<br />required to remove the existing boat launch and restore the remaining area, install the boat
<br />launch at the new location and prepare the area for boat service.
<br /> The cost to remove the existing boat launch and restore the remaining area shall include
<br />demolition (including removal of rip rap, docks, concrete, utilities, and landscaping), dredging as
<br />needed, grading (cut and/or fill), installation of rip rap, relocation of utilities, Storm Water
<br />Pollution Protection Plan (SWPPP), sea level rise mitigation, rough and finish grading (cut
<br />and/or fill), relocation of utilities as required, landscaping, and any other work required to
<br />replace the current boat launch area with a levee in line with existing infrastructure and in
<br />accordance with plans as approved by all agencies having jurisdiction and in coordination with
<br />the City.
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<br /> The cost to install the boat launch at the new location at Pescador Point and prepare the
<br />area for boat service shall include demolition as may be required for a new boat launch,
<br />dredging, SWPPP, sea level rise mitigation, rough and finish grading, underground utilities,
<br />mechanical, electrical, plumbing (MEPs), fire protection, installation of rip rap, sea walls, piles,
<br />concrete ramp, gangways and docks, non-motorized water craft launching docks, and any
<br />other appurtenances as may be required for a fully functioning boat launch. Existing boat launch
<br />materials may be relocated to the new boat launch location, subject to suitability and approval of
<br />BCDC, the City, and any other applicable agencies. Such work shall comply with the
<br />approved plans and scope as approved by BCDC, the City, and any other applicable agencies.
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<br />3.6. Monarch Bay Drive Element. Developer shall be responsible for design,
<br />expansion, and reconstruction of Monarch Bay Drive in accordance with the requirements of
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