Laserfiche WebLink
'250. w <br /> <br />Phase II, Phase III and Phase IV of the Project. The <br />benchmark does not include the complete cost of the <br />sewer line. To the extent the Developer is actually <br />able to acquire, design and construct the Cabrillo Park <br />Drive Improvements for less than the benchmark amount, <br />the Developer agrees that its contributions toward the <br />First and Grand Improvements as required below shall be <br />increased by such amount. Similarly, to the extent <br />Developer's total costs to acquire, design and <br />construct the Cabrillo Park Drive Improvements exceeds <br />the benchmark, the amount of any such excess shall be <br />deducted from the Developer's obligation to contribute <br />toward the cost of the First and Grand Improvements. <br /> <br /> (3) First Street and Grand Avenue. The Developer <br />agrees to prepare the plans and specifications for the <br />First and Grand Improvements at its sole cost and <br />expense within one (1) year from the Effective Date of <br />this Agreement. Further, the Developer agrees to <br />contribute an amount equal to One Million Three Hundred <br />Thirty-Two Thousand Five Hundred Thousand and No/100 <br />Dollars ($1,332,500.00) applicable toward the actual <br />total cost of construction of the First and Grand <br />Improvements. Such contribution shall be made by <br />Developer to the City within ninety (90) days after <br />demand by the City. In no event shall the City require <br />such contribution sooner than such costs are actually <br />incurred by the City in connection with the <br />construction of the contemplated improvements or prior <br />to March 1, 1991. <br /> <br /> (4) Limitations on Development Fees and Developer <br />Contributions. The City agrees that the amounts paid <br />or contributed by the Developer defined below as <br />"Developer Contributions" shall all be credited against <br />any transportation fees required by the City pursuant <br />to Section 8-44 of the Santa Ana Municipal Code or any <br />other developer fee or other similar fee or charge now <br />or hereinafter imposed by the City on the Property <br />designed to fund infrastructure or traffic-related <br />public improvements (hereinafter "Development Fees"). <br />The term "Developer Contributions" shall mean: <br /> <br />(i) <br /> <br />amounts contributed pursuant to Section <br />10(b)(1) for the Monorail Study; <br /> <br />(ii) the costs set forth in Section 10(b)(2) <br /> relating to the Cabrillo Park Drive <br /> Improvements; <br /> <br />(iii) <br /> <br />the cost of plans and specifications <br />for the First and Grand Improvements <br />and amounts contributed pursuant to <br />Section 10(b)(3) for the First and <br />Grand Improvements; and <br /> <br />- 8 <br /> <br /> <br />