2008/04/30 Council Agenda Packet

r_ J 21. Key Development Permits. The Parties acknowledge and agree that OM has prepared and filed its Key Development Permit applications. The second sentence in Section 16.9 is deleted. 22. City Work. The following sections only of Section 18.1 are hereby amended: The City and OM anticipate that, in conjunction with the development of the City Property, the City will concurrently undertake certain public works (the "City Work") in order to provide roadways, conduct certain grading and surcharging, wetland restoration, and various public amenities on and around the City Property, aid in collecting and recovering leachate from the Landfill Site and comply with the City's obligations under the Landfill Environmental Indemnification Agreement, Consent Decree, CAP and Restrictive Covenant. The scope of the City Work and the time frames for substantial completion of each task are as follows: (a) The City will use its best efforts to cause BNSF to relocate its track pursuant to the BNSF Agreement so as to allow for construction of a bridge to the Simpson Site or to otherwise provide OM with a crossing to allow access to the Simpson Site across the BNSF tracks. OM acknowledges and agrees that this work has now been completed by the City in compliance with this Agreement. (c) The City will construct a two (2) lane roundabout (including curb, gutter, sidewalk, streetlights and storm drainage improvements) on 41st Street east of the 41st Street/BNSF overcrossing (the "Roundabout") and extend 41st Street to the northwest corner of the Simpson Site (the "41st Street Extension") with a roadway that includes curb, gutter, pedestrian and bicycle way, streetlights and storm drainage improvements. By January 31, 2009, the City will provide a proposed design to OM for the Final Roundabout and 41st Street Extension. If OM accepts the City's proposed design by February 28, 2009, then The City shall use its best efforts to substantially complete the Roundabout and 41" Street Extension by May 30, 2010 but in no event later than July 2010. The City will provide OM with temporary construction access to the Landfill Site and Simpson Site from September 1, 2008 until the Roundabout and 41st Street Extension are completed. (d) The City will construct an extension of the roadway from Pacific Avenue to 36th Street (the "Main Road Extension). The Main Road Extension shall provide for at minimum two (2) paved travel lanes each 14 feet in width (28 feet in total width), together with pedestrian and vehicular improvements at Chestnut and Pacific Avenue as shown and described in Exhibit J attached hereto. The Main Road Extension shall include storm water collection at the road shoulder, treatment and outfall system. Existing and future utilities will align 06107-0063/LEGAL14200426.1