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(1) PG&E gives notice to the City that it intends to build its 230KV <br />transmission line in the realigned Vineyard Avenue and is moving <br />forwazd with construction; and <br />(2) the City has given its final authorization to constructing the <br />realigned Vineyazd Avenue and associated improvements. <br />E. If the Property Owner transfers the property for the right-of--way and/or <br />grant easements, the City shall, at the request of Property Owner, take <br />such steps as may be necessary to return said property and/or easements to <br />Property Owner in the event that (i) neither PG&E nor the City move <br />forward with construction of the improvements or (ii) all necessary grants <br />of Vineyazd Avenue right-of--way aze not obtained by the City. <br />Payment to Property Owner for the dedications shall be made in the form <br />of a credit against the Specific Plan fees to be paid upon the final map <br />creating developable lots on the Property. The final calculation of the <br />acreage of the Additional Right-of--Way (less the square footage necessary <br />for the expansion of the trail in accordance with the request of East Bay <br />Regional Pazk District), the Gazin/Simoni Right-of--Way, Detention <br />Basins, Sewer Pump Station, and Mitigation Land shall be based on the <br />final improvement plans. The credit to be received by Property Owner <br />shall be calculated at (i) $5.00 per square foot for the sewer pump station, <br />the Gazin/Simoni Right-of--Way, and for the Additional Right-of-Way in <br />excess of 3.0 acres and (ii) $2.50 per squaze foot for Mitigation Land and <br />for the Detention Basins. <br />Revision #2 Draft Lonestaz California, Inc. Development Agreement Page 10 of 21 <br />