CORRESPONDENCE - 75D - Laserfiche WebLink

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(ii) The date occurring one (1) year after the date on which City receives written notice from Developer that Developer has removed all improvements from Additional Parcel No. 4 (provided Developer has in fact removed such improvements); and (iii) The date occurring one (1) year after the date on which. Developer dedicates the drainage easement specified in subsection 7(a) hereof to City. (b) City shall be responsible for the removal and /or relocation of all public utilities located in the area of the streets which are to be vacated pursuant to this Section 11, without cost to Developer (other than costs for any new utility connections which may be necessary). (c) It is understood and agreed that the drainage improvements to be installed by Developer in the drainage easement shall be storm drains and surface drainage facilities, or their equivalent, as depicted in Exhibits 9 and 9A attached hereto and incorporated herein by this reference, or as otherwise approved by City's Engineering Division. It is further understood that such surface drainage improvements may not be sufficient to fully protect other improvements on the Property from stormwater damage during especially severe storms, and Developer assumes the risk of such damage. Developer may install an underground piped drainage system within the school property and may connect to any existing City drainage facility. Once constructed, Developer shall be responsible for maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage and shall maintain the five -foot strip to the east of the drainage easement as a landscaped area. Developer shall provide City with a surface drainage easement for public water flowing across the private parking area. (d) City shall, at its sole cost and expense, prepare plans for and remove street improvements from the vacated streets, relocate utilities and construct public drainage improvements in the area of any drainage easement granted to City by Developer pursuant to Section 7 of this Second Amendment, in accordance with the following terms and conditions: (1) The traffic access and circulation, utility service and drainage will be continuously provided to the parcels within the block adjacent to Additional Parcel No. 4, acceptable to the Public Works Agency. (2) Said street removal, utility and drainage improvement work shall be completed by City within the sarne time parameters as set forth in Section I I(a), above. (3) City shall be responsible for plan preparation, removal and/or relocation of all public utilities located in the area of the streets that are to be vacated pursuant to this Section 11, without cost to Developer. If, at the design development stage, City determines that street lights are required as a result of the termination of Berkeley Street or Occidental Street, City shall design and install the street lights within the context of standard spacing requirements utilized citywide. SMRH:475724784.2 -3-