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<br />Section 1.4.10 of the DDA, the DDA Scope of Development, DDA Schedule of Performance and
<br />Shoreline Responsibility Map of the DDA. Construction of Monarch Bay Drive shall include,
<br />but not be limited to, Site Preparation as described in the Infrastructure Element, construction of
<br />a two lane road with appropriate left turn lanes, a class I bicycle facility, parking, sidewalks, new
<br />curb-to-curb pavement, striping, new signage, median island and landscaping, storm drains and
<br />catch basins, storm water treatment, ADA wheelchair ramps, irrigation, new and/or modified
<br />utilities, undergrounding of utilities (including utility stub outs for future phases and Park
<br />Element), lighting, pedestrian and transit amenities, and construction of a traffic circle at
<br />Monarch Bay Drive and Mulford Point Drive, and sea level rise mitigation to ensure the City’s
<br />critical infrastructure is protected. The Monarch Bay Drive Element shall include work on
<br />Marina Boulevard up to and including the intersection at Fairway Drive.
<br /> Access to existing properties and their respective parking lots shall be maintained at all
<br />times. Developer shall be responsible for any repair and renovation of existing parking lots,
<br />driveways, entrances, striping, patching, curb and gutter, landscaping and irrigation that may be
<br />required due to impacts related to the Project to provide a code compliant and usable parking lot
<br />for existing properties. Developer shall be eligible for credit against the City Development
<br />Impact Fees for some or all of the foregoing work in accordance with Section 3.25 of this
<br />Agreement.
<br />3.7. Infrastructure Element. Developer shall be responsible for all Site Preparation for
<br />the Developer Project Elements, Park Promenades and boat launch, as well as for Site
<br />Preparation, design and reconstruction of portions of Mulford Point and Pescador Point Drives
<br />and the Park Element Parking Lot in accordance with the requirements of Section 1.4.11 of the
<br />DDA. Hotel Promenade and Multifamily Promenade infrastructure shall include all required soil
<br />import, surcharging, rough grading, extension of rip rap, and any other work required for
<br />establishing proper grades and mitigating sea level rise in accordance with and approvals by all
<br />agencies having jurisdiction. Developer shall be eligible for credit against the City Development
<br />Impact Fees for some or all of the foregoing work in accordance with Section 3.25 of this
<br />Agreement.
<br />3.8. Site Preparation. Developer shall be responsible for all site preparation required
<br />for development of each of the Developer Project Elements, as well as the Park Promenades and
<br />boat launch (“Site Preparation”). Site Preparation shall include demolition of existing
<br />hardscape improvements, including but not limited to asphalt pavement, concrete sidewalk, curb,
<br />gutter, buildings, and other improvements, tree removal, flood plain and sea level rise mitigation,
<br />including provisions for sea level rise protection of City’s critical infrastructure, surcharging,
<br />geotechnical mitigation, and rough grading in accordance with the DDA Scope of Development,
<br />DDA Schedule of Performance, and Shoreline Responsibility Map (Exhibit R) of the DDA.
<br />Upon Final Completion of Site Preparation, Developer shall obtain certification of a
<br />finished building pad. For Developer Project Elements in which Developer has completed the
<br />Site Preparation, but has not Commenced Construction of Vertical Improvements, Developer
<br />shall secure the site in compliance with all applicable City and other public agency requirements,
<br />and take necessary measures to ensure that the site is clean, clear and screened, including the
<br />placement of appropriate fencing and informational project signage. Developer shall ensure that
<br />the site is secure from trespassers and meets the foregoing property maintenance standards on an
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