RecDoc 2020-065175 - Laserfiche WebLink

Browse Search

enter into an agreement with City providing for the future construction and installation of such public improvements, as required by Government Code section 66411.1. E. Developer has submitted to City plans, specifications and drawings entitled Offsite Improvement Plans of Bay Road, prepared by Kier & Wright and dated i r kc -1 , 2020 and Site Improvement Plans of 1155 Broadway, prepared by Kier & Wright and dated iLily l(i, 2020 (the "Improvement Plans"), which, in addition to other improvements, provide for certain public improvements consisting of sidewalk, driveway, street trees, street light improvements, storm drain systems, domestic water systems and sanitary sewer systems for the Project (collectively, "Improvements"). F. Upon approval and recordation of the Parcel Map, the Bay Block will be divided into one commercial parcel (being the Property) with three (3) remainder parcels (the "Bay Block Remainder Parcels"). G. City and Developer desire to enter into this Agreement providing for the construction and installation of the Improvements in accordance with the Improvement Plans. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the Parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions pertaining to the Improvements. 2. Property Subject to Agreement. The Property will be subject to this Agreement. 3. Duty to Install Improvements. Developer will construct, install and complete, or cause to be constructed, installed and completed, at Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans and to the satisfaction of the City Engineer, in their reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The Improvements will include, but are not necessarily limited to, all of the following: (a) grading, paving; (b) curbs, gutters, concrete walkways, driveways; (c) sanitary sewer system, complete; (d) water system, complete; (e) storm drainage system, complete; (f) storm water treatment system, complete; REV: 05-22-2020 PR ATTY/AGR.2020.082/Broadway Plaza - Bay Block (Page 2 of 25)