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, <br /> constructed all at one time as a single project rather than individual "piecemeal" per-lot <br /> construction, deferring to the City Council the question of whether the Property Owners should <br /> be responsible for constructing the Right-of-Way Improvements and to what extent. <br /> P. Disputes have arisen between City and Property Owners as described in the <br /> following recitals. As used in this Agreement, the term "Disputes" shall mean and include all <br /> the contentions and assertions described in these recitals with respect to the obligations of <br /> Property Owners to install the Right-of-Way Improvements, as well as the underlying known and <br /> unknown facts and circumstances of those contentions and assertions. <br /> Q. City contends, that Property Owners are obligated to complete the Right-of-Way <br /> Improvements—which was a condition of approval on both the annexation of the Property and <br /> the subdivision that created the Property—, at their sole cost and expense, as a condition <br /> precedent to developing the Property. <br /> R. Property Owners conversely contend that the condition to construct the Right-of- <br /> Way Improvements is not enforceable as against them because no Subdivision Improvement <br /> Agreement was ever entered into or recorded against the Property prior to final map approval <br /> pursuant to Subdivision Map Act (Gov. Code §66462(a)) and the City's Subdivision Ordinance <br /> (Municipal Code §§ 30.29, 30.79, 30.82). To the extent the condition is enforceable, Property <br /> Owners contend that it is only enforceable against them with respect to the Right-of-Way <br /> Improvements that front their Property. <br /> S. In an effort to resolve the Disputes and move forward with development of the <br /> Property, the Parties met and conferred and have reached an agreement to resolve the Disputes <br /> and proceed with Property Owners' proposed development of the Property. Each Party disputes <br /> and denies each of the other Party's claims, allegations, contentions and assertions. Without <br /> admitting liability or wrongdoing of any kind, the Parties desire by this Agreement to, among <br /> other things, fmally and completely resolve the Disputes, and all claims, demands, assertions and <br /> liability arising from and in any manner related to the Disputes. <br /> T. The City Council acknowledges and agrees that there is no benefit to the City in <br /> having the Property remain as vacant lots. <br /> U. City and Property Owners desire to enter into this Agreement in order to, among <br /> other things, (i) waive the requirement that property Owners construct and install the full length <br /> of the Right-of-Way Improvements along Alameda de las Pulgas from Harding Avenue to the <br /> Hetch Hetchy; (ii) waive the requirement that the Property Owners enter into a construction <br /> agreement to construct said Right-of-Way Improvements; (iii) provide for Property Owners to <br /> prepare and submit design drawings for the full length of the Right-of-Way Improvements to the <br /> City Engineer's satisfaction or pay the City an in-lieu design fee to fund the cost of designing the <br /> full length of the Right-of-Way Improvements; (iv) provide for Property Owners to pay the City <br /> an in-lieu construction fee to fund their proportional share of constructing the Right-of-Way <br /> Improvements; (v) provide for City to include the Right-of-Way Improvements in the City's <br /> Capital Improvement Program ("CIP"), fund the cost of the Right-of-Way Improvements not <br /> covered by the in-lieu construction fee, and construct the Right-of-Way Improvements within <br /> ATTY/AGR/2014.125/ROW IMPROVEMENTAGREEMENT—ALAMEDA DE LAS PUL.GAS <br /> REV:08-08-14 VR <br /> Page 3 of 16 <br />