Agmt98 Pacific Shores Center - Laserfiche WebLink

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14. Shuttle Service. Pacific Shores shall provide a shuttle service to transport employees who work on the Project Site to and from the nearest CalTrain station. This service must begin upon the occupancy of 50% of the maximum permitted GBF A on the Building Parcels and must continue throughout the life of the Project until and unless its discontinuance is approved by City, which approval shall be granted upon a demonstration that inadequate demand exists to justify the service or that CalTrain ceases to operate. Pacific Shores shall, throughout the life of the Project, promote the shuttle and attempt to meet passenger demand. In lieu of the requirement set forth in this section, Pacific Shores may, subject to City approval, panicipate with other properties along Seaport Boulevard to contract for new or extended services by SamTrans. Nothing in this section precludes City from requiring the participation of Pacific Shores in the County Transportation Management Program, although compliance with this requirement shall be considered a ISM measure. 15. Water¡ Sewer. (a) City and City through District acknowledge and agree that in the event that, for any reason, Pacific Shores does not consummate its agreement with Rohm-Haas or Pacific Shores requires additional capacity to meet City requirements for sewerage treatment capacity, City shall sell additional sanitary sewerage treatment capacity to Pacific Shores, as needed, for the same price (and pursuant to the same formula used by City and SBSA) that City pays for that capacity from the South Bayside System Authority. Additional sanitary sewerage treatment capacity may be purchased, leased or otherwise acquired by Pacific Shores on the open market. City is not, in any way. obligated to provide Pacific Shores with sewerage treatment capacity but shall use its best efforts to assist Pacific Shores in obtaining any additional capacity Pacific Shores deems necessary; (b) Except as otherwise provided herein with respect to citywide restrictions, CiLy shall timely supply waler lo Pacific Short:::; fur new construction and occupancy when and as needed, in sufficient quantities to serve the needs of the Project, including, without limitation, potable use, fire suppression and landscaping irrigation. Pacific Shores shall pay for water consumption at the same rates as other water users in City according to the applicable zone. (c) Pacific Shores shall have the right to use wells on the site for purposes of supplying the Project needs for water irrigation of landscaping and landscaped open spaces on the Project Site and Pacific Shores agrees to use its best efforts to develop and use wells on the Project Site fully to meet such needs for non-potable water provided, however, that (i) Pacific Shores shall observe aU citywide conservation standards enacted by City, (ii) Pacific Shores shall be bound by any Laws enacted with respect to groundwater management, and (iii) in the event that Pacific Shores is unsuccessful in obtaining an adequate supply of irrigation water for such purposes, the City agrees to supply water for such purposes at the same rl1tf'.~ cnaT2;ed to otneT water users in the City in the applicable zone. 16. Permitted Delay. Neither City nor Pacific Shores is in default under this Agreement and each has complied in good faith with this Agreement where any delay by . "DOC,....,.."\""R,t'TY .DM 23 ,....c.~... .~ ..,..