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7.2.D. - Page 21 <br /> ARTICLE 2 <br /> SIDEWALK AND RIGHT -OF -WAY IMPROVEMENTS <br /> 2.1 Scope and Estimated Cost of Improvements. <br /> The approximately 800 feet of street frontage on the easterly side of Alameda de las Pulgas from <br /> Harding Avenue to the Hetch Hetchy shall be improved with the Right -of -Way Improvements. <br /> The Right -of -Way Improvements shall be designed and installed to the satisfaction of the City <br /> Engineer and shall meet all applicable City codes and standards. The Engineer's Estimate for the <br /> Right -of -Way Improvements is attached hereto as Exhibit B and is incorporated herein by this <br /> reference. <br /> ARTICLE 3 <br /> OBLIGATIONS OF PROPERTY OWNERS <br /> 3.1 Payment of In -Lieu Construction Fee. <br /> Prior to the issuance of any building permits for the two single family residences approved for <br /> the Property, Property Owners shall pay to City an in -lieu construction fee in the amount of <br /> $74,000 ( "Construction Fee ") to cover the cost of the City to construct the portion of the Right - <br /> of -Way Improvements directly abutting the Property. Based on the Engineer's Estimate attached <br /> hereto as Exhibit B, the cost for the City to construct the full length of the Right -of -Way <br /> Improvements will be approximately $357,000. The total length of the frontage for the Right -of- <br /> Way Improvements is approximately 800 linear feet. The frontage of the Property is <br /> approximately 165 linear feet, making Property Owners' proportionate share of the construction <br /> costs $74,000. <br /> 3.2 Performance of Design Obligation. <br /> In addition to payment of the Construction Fee, Property Owners, at their sole option, shall either <br /> (a) prepare and submit design drawings for the full length of the Right -of -Way Improvements to <br /> the City Engineer's satisfaction or (b) pay to City an in -lieu design fee in the amount of $45,000, <br /> within 12 months of the Effective Date of this Agreement or prior to issuance of the first <br /> certificate of occupancy in connection with either of the two single family residences approved <br /> for the Property, whichever comes sooner ( "Design Obligation "). <br /> ARTICLE 4 <br /> OBLIGATIONS OF CITY <br /> 4.1 Waiver of Prior Condition. <br /> City agrees to accept the payment of the Construction Fee and performance of the Design <br /> Obligation as satisfaction in full of Property Owners obligation with respect to the installation of <br /> the Right -of -Way Improvements and agrees to forever waive and expressly release Property <br /> Owners from any obligation that they install the Right -of -Way Improvements along the full <br /> 1,200 linear feet of along one -half of Alameda de las Pulgas from Harding Avenue to the Hetch <br /> ATTY /AGR/2014.125/ ROW IMPROVEMENT AGREEMENT— ALAMEDA DE LAS PULGAS <br /> REV: 07 -21 -14 VR <br /> Page 5 of 15 <br />