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(b) Prior to the transfer of the Dedication Parcel as provided in Section 4, below, the parties <br /> acknowledge that Developer will use the Dedication Parcel as a staging area for Project <br /> construction Developer and Sunflower will cooperate and coordinate regarding Sunflower's <br /> access to the Dedication Parcel as described in Subsection (a), above, so as to minimize <br /> impact to Developer's use of the Dedication Parcel as a staging area <br /> 4 Transfer of Dedication Parcel After the final map (or first final map if final maps are <br /> phased) has been recorded for the Project, the Dedication Parcel shall be granted by Developer to <br /> City by separate instrument upon the earlier of (a)within 60 days of written notice provided to <br /> the Developer by the City, or (b) no later than gas turn-on for the final unit in the Project When <br /> the Dedication Parcel is transferred, Developer shall certify that it is free and clear of any and all <br /> liens, leases, encumbrances, and title exceptions except for those specifically agreed to by the <br /> City in writing Developer shall pay for escrow costs for the transfer, and City shall pay for title <br /> insurance if the City seeks such insurance <br /> The Developer and City may agree to a different timing for the transfer of the Dedication <br /> Parcel by counter-signed letter approved by the City Manager and Developer <br /> Any failure by Developer to transfer to the City the Dedication Parcel as provided in this <br /> Section 4 in the reasonable determination of the City's Director of Community Development, <br /> appealable to the City Manager, shall be grounds for the City to withhold the issuance of <br /> building permits for the entire Project, in addition to all other remedies <br /> 5 Improvements and Condition of Dedication Parcel In conjunction with Developer's <br /> development of the Project, Developer shall <br /> (a) bring water, sewer, storm drain and other wet and dry utility lines to two (2) points along <br /> the Dedication Parcel property line, <br /> (b) stub those utility lines at the Dedication Parcel property line, <br /> (c) bring joint trench and other utility infrastructure to the Dedication Parcel property line, <br /> (d) plan the Project's utility infrastructure at sufficient size and capacity to serve the <br /> Sunflower Hill Concept Proposal,(e) install curb and gutter around the Dedication Parcel, <br /> with curb cuts at locations in the reasonable determination of the City Engineer or his/her <br /> designee, <br /> (f) undertake weed abatement and maintenance of the Dedication Parcel until the transfer of <br /> the same to the City as provided in Section 4, <br /> (g)provide for temporary landscaping as required by the Project's conditions of approval. <br /> (h) grade and hydroseed the Dedication Parcel so that it is ready as a developable pad in the <br /> reasonable determination of the City Engineer or his/her designee prior to transfer to the <br /> City, <br /> (i) remove any materials, equipment and personal property that Developer, its contractors or <br /> agents, or third parties, have placed on the Dedication Parcel such that the Dedication Parcel <br /> is ready in a developable condition in the reasonable determination of the Community <br /> Development Director or his/her designee prior to transfer to the City, and <br /> (j) ensure that the site is free of toxic substances and contaminated soils and not permit the <br /> storage or disposal of any hazardous or toxic substance, material or waste, as defined by <br /> 3 <br />