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4.3 PERMIT/CONSTRUCTION PHASING REQUIREMENTS <br /> The Port will construct the NMRP in accordance with the phasing requirements set forth below. <br /> The Port will be requesting permit approvals for some NMRP elements before other permits; and <br /> before the designs are completed on others. The City will allow approvals and permits to be <br /> issued in a timely manner, subject to compliance with applicable City policies, regulations and <br /> standards. In the event the Port fails to comply with these requirements, the City is authorized to <br /> withhold permits or, in the event work has commenced, issue stop work orders in order to <br /> maintain or obtain compliance with the schedule. <br /> 1. The division of the residential property must occur prior to issuance of permits for the <br /> residential units. <br /> 2. Prior to issuance of occupancy permits for nonwater-dependent uses, including <br /> residential use, improvements to 13th Street, West Marine View Drive, and the walkways <br /> along the shoreline edge must be usable by the public and linked to other walkways <br /> within the NMRP. <br /> 3. The public access esplanade abutting water's edge in the diagram for the open space <br /> network proposed in the notebooks submitted to the Planning Department October 7, <br /> 2005, shall be constructed concurrent with the first phase of buildings in the North <br /> Marina Redevelopment Area. The Planning Director may allow for interim level of <br /> improvements in areas where future phases of development would require demolition of <br /> public access improvements. Any such interim improvements shall be replaced with <br /> permanent improvements consistent with the draft Port Gardner Wharf design guidelines <br /> concurrent with the phase of development abutting the public access facility. The <br /> Esplanade along the south side and the amphitheater will be completed in the initial phase <br /> of the project. <br /> The Port agrees that "provision for public access" means the earliest possible linkage that <br /> can practically by provided for the public benefit between the 10th Street boat launch area <br /> and the existing marina esplanade, even if some portions of the connection are temporary <br /> in nature. <br /> 4. Each phase of the development must construct improvements necessary to comply with <br /> provisions found herein for that phase, including, but not limited to, parking, utilities, fire <br /> access, landscaping, etc. <br /> 4.4 PROJECT PHASING: <br /> The order of Construction of individual components of the project will depend on market <br /> demand. The public access esplanade abutting water's edge shall be constructed as described in <br /> Section 4.3.3. In general, it is anticipated that project phasing will be as follows: <br /> a. Phase 1: This stage will include improvements to 13th Street, construction of an <br /> Esplanade along the south side of the uplands area, a pedestrian walkway along <br /> the southern portion of the west end. The amphitheater will be constructed. <br /> 17 <br />