2018/05/09 Council Agenda Packet

e; U (viii) No Hazardous Materials are present on the Park Property. "Hazardous Materials" are any hazardous or toxic substance, material or waste, including, but not limited to, (i) those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. 172.101) or by the United States Environmental Protection Agency as a hazardous substance(40 C.F.R. Part 302 and amendments thereto), (ii) petroleum products and their derivatives, and (iii) such other substances, materials and wastes as become regulated or subject to cleanup under any local, state or federal laws or regulations. b. Neighborhood Park. (1) Development. At the City's sole cost, the City will master plan, design, budget, fund and complete construction of the Neighborhood Park on the Park Property by December 31, 2020; provided, however, this date will be extended in the event that a force majeure event or circumstance beyond the control of the City make it unable to so complete the neighborhood park by such date. Subject to the requirement that the Neighborhood Park include the minimum elements set forth in Section l.a above, the City master planning process will determine the project scope based on alternatives developed by the City and consideration of costs. The City will consult with the YMCA during the master planning process and prior to making a final decision on alternatives. The City shall have sole responsibility and oversight for Neighborhood Park design, engineering, and completion of the park. As practically possible and subject to budget constraints, the City will work with the YMCA to design the park to be compatible with and complimentary to the YMCA's master site plan for the YMCA's property and development. The City is responsible for the Neighborhood Park development and construction costs, including the Neighborhood Park frontage improvements, if any frontage improvements are necessary. The name of the Neighborhood Park will be subject to the City's naming policy. (2) YMCA Facility Design. The YMCA will work with City to design the YMCA Facility to be compatible with and complimentary to generally accepted neighborhood park planning principles. (3) Park Property Reconveyance Right. If the City fails to award the construction contract(s) for substantially all of the Neighborhood Park improvements and commence construction by the second anniversary date of the beginning of the Access Teitn (as defined below), which deadline for contract award will be extended in the event that a force majeure event or circumstance beyond the control of the City make it unable to so award the contract(s) by such date, then the YMCA has an option to require the City to reconvey the Park Property to the YMCA. To be effective, the YMCA must deliver written notice of exercise to the City before the City cures the failure by awarding such contract(s). This reconveyance is the YMCA's sole remedy for failure of the City to develop the neighborhood park on the Park Property. (3) Neighborhood Park Maintenance. The City will be solely responsible for maintenance, repair and renovation costs of the Neighborhood Park on the Park Property. The Neighborhood Park will be maintained consistent with similar parks pursuant to 4 31