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17 <br /> <br />and raising the level of the Property in accordance with technical recommendations and <br />approved plans. <br /> An acceptable method of fulfilling the adaptive management plan required by Mitigation <br />Measure HYDRO-7 is to design structures to be resilient to the 2070 sea level rise projection and <br />establish a funding mechanism to address capital improvements necessary for future adaptation <br />to sea level rise. As such, Developer has agreed to participate in Community Facilities District <br />financing which will address future sea level rise improvements. Developer Project Element <br />structures on the Property are to be designed to be resilient to a 2070 sea level rise projection of <br />3.5 feet above Base Flood Elevation as defined by the Medium-High Risk Aversion scenario in <br />the 2018 State of California Sea Level Guidance. The minimum finish floor elevation to meet <br />the base flood elevation plus sea level rise to 2070 is 13.5 NAVD88, unless alternate approved <br />means are approved by the City Engineering and Transportation Director. Future elevation plans <br />shall be submitted in NAVD88. <br />Upon the approval of City, Developer shall deposit its available excess soil on the portion <br />of the Park Parcel that is the responsibility of the City in accordance with City plans and as <br />described and depicted in the Shoreline Responsibility Map (Exhibit R) of the DDA, provided <br />that City shall have the right to disapprove the importation of excess soil to the Park Parcel <br />which the City determines is not necessary. Developer shall not be obligated to import <br />additional soil in order to make such deposits on the portion of the Park Parcel that is the <br />responsibility of the City. Developer’s deposit of soil shall be in accordance with the <br />requirements of Section 2.7 of the DDA and the DDA Scope of Development, including the <br />parties’ execution of a right of entry agreement which protects City from defects in the condition <br />of the deposited soil and provides for the testing of soil to confirm that there are no contaminants <br />or similar unsuitable constituents and the stabilization of the soil deposited on the Park <br />Parcel. Deposit of soil shall include proper SWPPP, access lanes, be in accordance with <br />geotechnical recommendations for use for future grading operations, and include all necessary <br />chain of custody documentation related to the nature of the material. City and Developer shall <br />use good faith efforts to coordinate and make compatible the construction schedules for the <br />City’s construction of the Park Element with Developer’s deposit of excess soil on the Park <br />Element. <br />3.12. Construction Phasing. Developer’s construction of the Developer Project <br />Elements and City’s construction of the City Project Elements shall be performed in compliance <br />with the DDA Schedule of Performance and the Shoreline Responsibility Map (Exhibit R) to the <br />DDA. Except as otherwise provided in the DDA Schedule of Performance and DDA Scope of <br />Development, construction of the Project shall occur in a continuous rolling phase. Developer <br />shall cause the Final Completion of the Site Preparation, as required in the Infrastructure <br />Element, for all of the Developer Project Elements in the initial phase of the Project as further <br />specified in the Schedule of Performance of the DDA. Developer shall cause the Final <br />Completion of all Public Improvements, including the Monarch Bay Drive Element, and <br />construction of portions of Mulford Point Drive and Pescador Point Drive and the Park Element <br />Parking Lot, in conjunction with construction of adjacent Elements, in accordance with the times <br />set forth in the DDA Schedule of Performance. The Single Family Element housing may be <br />developed in multiple phases subject to market conditions, subject to the requirements of the <br />DDA Schedule of Performance.