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<br />ongoing basis, including the removal of nuisance vegetation and providing security personnel as
<br />may be required. Developer shall be eligible for credit against the City Development Impact
<br />Fees for some or all of the foregoing work in accordance with Section 3.25 of this Agreement.
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<br />3.9. Eastern Portions of Mulford Point and Pescador Point Drives. Developer shall be
<br />responsible for design and reconstruction of the portions of Mulford Point and Pescador Point
<br />Drives, which are located south of the Developer Hotel Element and to the north of the
<br />Multifamily Element, in accordance with the DDA Scope of Development, DDA Schedule of
<br />Performance, and the Shoreline Responsibility Map (Exhibit R) to the
<br />DDA. 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, stormwater treatment, and pedestrian amenities,
<br />subject to final review and approval by the City Engineering and Transportation
<br />Director. Developer shall maintain access to existing Mulford Point Drive until the new road is
<br />constructed and operational. Developer shall be responsible for any restoration of existing
<br />parking lots, driveways, entrances, striping, patching, curb and gutter, landscaping and irrigation
<br />that may be required due to impacts related to the Project to provide a code compliant and usable
<br />parking lot for existing properties that are not a part of the Project.
<br />3.10. Park Element Parking Lot and Western Portion of Mulford Point Drive.
<br />Developer shall be responsible for design and construction of portions of Mulford Point Drive
<br />located to the west of the Developer Hotel Element and the shared Park Element Parking Lot
<br />located to the west of the Developer Hotel Element and the Developer Restaurant Element, in
<br />accordance with Section 1.4.11 of the DDA, the DDA Scope of Development, the DDA
<br />Schedule of Performance, and the Shoreline Responsibility Map (Exhibit R) of the DDA. City
<br />shall provide conceptual drawings for the Park Element Parking Lot. Developer shall be
<br />responsible for the preparation of design development drawings and construction drawings,
<br />obtaining City and other governmental permits and approvals, and construction of the Park
<br />Element Parking Lot. Work shall include, but is not limited to: demolition, Site Preparation,
<br />including surcharging, sea level rise mitigation, rough and finish grading (cut/fill), underground
<br />utilities, curb cuts, paving sections, landscaping and irrigation, trees, water detention areas,
<br />SWPPP, concrete, curb and gutter, asphalt, decomposed granite, site lighting, site water,
<br />clarifiers, signage, striping, pay stations, and any other elements as may be required for the
<br />development of a fully functioning public parking lot. This work shall also include all necessary
<br />connections to Mulford Point Drive between the Park Element Parking Lot and Monarch Bay
<br />Drive. Developer shall be eligible for credit against the City Development Impact Fees for some
<br />or all of the foregoing work in accordance with Section 3.25 of this Agreement.
<br />3.11. Property Level and Soil Exportation. In accordance with the requirements of
<br />Section 1.4.17 of the DDA, and Mitigation Measure HYDRO-7 of the MMRP, the Developer
<br />Project Elements must meet City engineering requirements related to flood plain and sea level
<br />rise, with such requirements and the site engineering plans subject to approval of the City
<br />Engineering and Transportation Director. In accordance with Mitigation Measure HYDRO-7,
<br />the Project shall be designed to be resilient to a mid-century sea level rise projection. If the
<br />Project would remain in place longer than mid-century, an adaptive management plan shall be
<br />developed to address the long-term impacts that would arise. The results of the risk assessment
<br />shall be incorporated into the site design. Such plans shall include provisions related to surcharge
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