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2015/06/17 Council Agenda Packet
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2015/06/17 Council Agenda Packet
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Council Agenda Packet
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6/17/2015
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• <br /> (6) Realignment of Trail. Segment on Northeast Part of <br /> Riverfront Trail and Shoreline Restoration. The City shall complete all <br /> work necessary to realign approximately 500 to 600 linear feet of <br /> Riverfront Trail, to add a new culvert under the old trail, and to re-grade <br /> the old trail and restore with native planting, all as generally shown on <br /> page 15 of the Master Plan (collectively, the "Northeast Relocation <br /> Project"). The City shall procure at the City's cost all necessary permits <br /> and complete the final design for the Northeast Relocation Project. The <br /> City shall commence the Northeast Relocation Project no later than twelve <br /> (12) months after completion of the final design and receipt of all <br /> necessary permits, and the City shall complete the Northeast Relocation <br /> Project no later than twelve(12)months after such commencement. <br /> ()-----41-st Street-Trail-Intersection—The-City at its-own-Cost shall <br /> complete all work necessary to construct the 41st Street Trail Intersection, <br /> as generally shown on page 15 of the Master Plan and also as shown in <br /> sheets L1.1 and L2.1.7 in the plan set entitled"Riveifiont Development— <br /> Public Amenities" (60% Design) (the "Intersection Project'). The City <br /> shall procure at the City's cost all necessary permits and complete the final <br /> design for the Intersection Project. The City shall commence the <br /> Intersection Project no later than twelve (12) months after completion of <br /> the final design and receipt of all necessary permits, and shall complete <br /> the Intersection Project no later than twelve (12) months after such <br /> commencement. <br /> B. Wetland C. Section 4.B of the Seventh Amendment is deleted. <br /> Developer acknowledges that timing of procurement of the permits for the Picnic Shelter Project, <br /> Northeast Relocation Project, and Intersection Project is dependent on the City having funding to <br /> complete those projects. <br /> 3. Responsibility for Remaining Obligations. Developer(meaning PNW Riverfront <br /> L.L.C. and Riverfront Commercial L.L.C., jointly and severally) is responsible for the <br /> satisfaction of all obligations of "Developer" under the PDA (including, for example, those <br /> obligations of"Polygon" under the Seventh Amendment). These obligations include without <br /> limitation: (a) obligations regarding the Landfill Pad and Main Road and(b) obligations to pay <br /> h quidated damages in the event that PDA requirements regarding LEED are not satisfied. The <br /> City acimowledges that Developer may arrange with others,including the Mill Site Owner or the <br /> Simpson Pad Owner, to undertake work on Developer's behalf, but such contracting does not <br /> relieve Developer of its ultimate responsibility to satisfy PDA obligations. <br /> 4. Temporary Easements/Permission to Enter. To the extent not already granted <br /> elsewhere in the PDA or in other written agreements between the parties, the parties grant each <br /> other temporary construction easements and rights to enter each other's Riverfront properties at <br /> reasonable times and with reasonable notice, as reasonably necessary to construct roadways and <br /> associated improvements and utilities called for in the PDA. If either party determines that more <br /> formal documentation of these temporary easements and rights of entryare required, the parties <br /> 9 <br /> 56 <br />
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