2011/06/15 Council Agenda Packet

C(7) City must be provided reasonable documentation that the compaction requirements and grade elevations of the grading plan dated June 11, 2010 by Magnusson Klemencic Associates have been met. City must be provided reasonable documentation that the requirements of the KLB Amended License, as amended, have been met. C(8) Enough material must be stock piled to fill the eastern wetland at the Mill Site at a later date. C(9) All material remaining on the Mill Site that is not Site Grading Fill or Structural Fill must be removed from the Mill Site. City shall provide Developer with a copy of the final executed Second Amendment to Amended KLB License incorporating the terms and conditions of this paragraph 6.a. In the event that City and KLB Construction, Inc. fail to execute the Second Amendment as described herein, then the terms and conditions of the Amended KLB License shall remain in full force and effect as set forth therein. All capitalized terms have the meaning given to them in the Amended KLB License. b. Revisions to Certain Mill Property Fill Provisions. (1) If City and KLB Construction, Inc. execute the Second Amendment to Amended KLB License in the form as described above, then the reference to the "Amended KLB License" in the first sentence of Section 23 of the Third Amendment shall thereupon be deemed a reference to the Amended KLB License as amended pursuant to the Second Amendment to Amended KLB License. (2) The words "on average" are added to the first sentence of Section 23 of the Third Amendment, so that it reads as follows: The City, as part of its License to Use City Property with KLB Construction, Inc. dated October 7, 2005, which was later amended by an Amendment dated on or about April 9, 2008 (the "Amended KLB License"), shall place engineered fill material on the Mill Site consistent with the terms of the Amended KLB License attached to the Third Amendment to this Agreement (the "Mill Site Development Area") to a level that is on average 2 feet above the 100 year floodplain elevation established by FEMA although the profile of the Main Road extension through to Pacific Avenue shall be constructed at the 100 year flood plain elevation. (3) The second -to -last sentence of Section 19.7.7 of the Original PDA is deleted. 7. Sanitary Sewer/Stormwater Sewer System. The City's deadlines for the substantial completion of the sanitary sewer system, stormwater sewer system, and related improvements described in Section 22(g) and 22(h) of the Third Amendment (these improvements collectively, the "Sewer Improvements") are amended as follows: sm