2011/06/15 Council Agenda Packet

2. Main Road Extension / Stuchell and Newland Access. a. Main Road Extension. The PDA is amended so that the City's deadline for substantially completing construction of the Main Road Extension and related improvements is amended as follows: Developer shall use commercially reasonable judgment to determine on what date development of the Landfill Site, Mill Site, or Main Road will require the substantial completion of the Main Road Extension (this date, the "Main Road Extension Deadline"). When Developer determines the Main Road Extension Deadline, Developer shall deliver a notice to the City stating the Main Road Extension Deadline (the "Main Road Extension Notice"). The City shall substantially complete the Main Road Extension by the later of (a) the Main Road Extension Deadline or (b) the date that is sixteen (16) months after delivery of the Main Road Extension Notice. b. Paving. With respect to the Main Road Extension, the PDA is amended so that the City at its cost will pave the full depth of asphalt pavement except for the upper 1.5 inches of asphalt pavement. The upper 1.5 inches of asphalt pavement on the Main Road Extension will be at 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. C. Stuchell and Newland Access. The following sentence from the second sentence of Section 8 of the Third Amendment is deleted: The location of the driveway easement or dedication of the driveway areas shall be reasonably acceptable to OM or the then owner of the Mill Property and the City shall complete the driveway improvement work described herein by May 1, 2011 provided sufficient time is provided to the City after the conveyance of the interests necessary to connect the Stuchell and Newland Properties with the completed and dedicated Main Road across the Mill Property. This sentence is replaced by the following sentence: The location of the driveway easement or dedication of the driveway areas shall be reasonably acceptable to OM or the then owner of the Mill Property and the City shall complete the driveway improvement work described herein by the same date as the City's completion of the Main Road Extension, provided sufficient time is provided to the City after the conveyance of the interests necessary to connect the Stuchell and Newland Properties with the completed and dedicated Main Road across the Mill Property. 4 -3-