2011/06/15 Council Agenda Packet

acknowledge that City has determined that it will likely proceed with the construction of the Roundabout and 41" Extension during Summer 2011. b. Substantial Completion of Roundabout and 41s` Street Extension. The deadlines under the PDA for the City to substantially complete construction of the Roundabout and 41 s` Street Extension are amended as follows: (1) Roundabout. .Developer shall use commercially reasonable judgment to determine on what date development of the Landfill Site or the Simpson Site will require the substantial completion of the Roundabout (this date, the "Roundabout Deadline"). When Developer determines the Roundabout Deadline, Developer shall deliver a notice to the City stating the Roundabout Deadline (the "Roundabout Notice"). The City shall substantially complete the Roundabout by the later of (a) the Roundabout Deadline or (b) the date that is sixteen (16) months after delivery of the Roundabout Notice. (2) 41s` Extension. Developer shall use commercially reasonable judgment to determine on what date development of the Simpson Site will require the substantial completion of the 41" Extension (this date, the "41s` Street Extension Deadline"). When Developer determines the 41s` Street Extension Deadline, Developer shall deliver a notice to the City stating. the 41" Street Extension Deadline (the "4Is` Extension Notice"). The City shall substantially complete the 41" Street Extension by the later of (a) the 41 Street Extension Deadline or (b) the date that is sixteen (16) months after delivery of the 41S` Street Extension Notice. C. Paving. With respect to the Roundabout and the 41" Street Extension, the PDA is amended so that the City at its cost will construct in accordance with the 2011 Construction Drawings the full depth of roadway cross section except for the upper 1.5 inches of asphalt pavement. The upper 1.5 inches of asphalt pavement on the Roundabout and 41" Street Extension will be at the Developer's cost and will be completed by Developer. Prior to Developer's starting work on the upper 1.5 inches of asphalt pavement, the City shall be responsible for any repairs to the roadway cross section installed by the City to the extent such repairs have not been necessitated by the actions of the Developer or Developer's contractors, agents, lessees or invitees or by the actions of any Property owner or any Property owner's contractors, agents, lessees or invitees. Prior to Developer starting work on the upper 1.5 inches of asphalt, Developer will give the City a reasonable opportunity to inspect the condition of the roadway cross section as installed by the City. d. Abutment Surcharge. The City will deliver about 16,350 yards of gravel barrow abutment surcharge material from the Roundabout and 41" Street Extension project to a mutually agreed location within the Simpson Site. This delivery is at the City's cost and will be completed no later than the date of completion of the 41" Street Extension. Upon delivery, (i) the abutment surcharge material is the property of Developer and (ii) except for any City obligations regarding hazardous materials that may be contained in the PDA or other agreements between the City and Developer, the City has no further obligations regarding the abutment surcharge material. _2.3