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<br /> 10 <br /> <br /> <br />d. Pay the applicable transportation impact fee (“TIF”) to City pursuant to <br />this Agreement subject to applicable fee credits and reimbursements as provided for in attached <br />DA Exhibit H and pursuant to the Applicable Law. <br />e. Participate in the necessary improvements to Busch Road. Per <br />applicable provisions of Pleasanton Municipal Code Title 19 (‘Subdivisions’), Developer is <br />required to make certain improvements along and to Busch Road to allow for safe pedestrian, <br />bicycle and vehicular ingress and egress to and from the Project Site, as reflected in the Project <br />Approvals and DA Exhibit C. In addition, Developer will undertake, through construction or <br />payment of a supplemental fair share payment, additional improvements along and to Busch <br />Road. Collectively, these additional foregoing obligations are described as follows: <br />i. Pay one-third (1/3) of the total actual costs to construct the Busch Road <br />Improvements (defined below) (“Busch Road Reimbursement”) to City, which City shall <br />promptly submit to the developer of the Villages of the Quarry Project (“Kiewit Developer”) to <br />reimburse same for Developer’s fair share of the following improvements on Busch Road <br />(collectively, “Busch Road Improvements”) that the Kiewit Developer is conditioned to install. <br />Payment of the Busch Road Reimbursement shall occur prior to the issuance of the building <br />permit for the vertical construction of the Project’s first residential unit (excluding model homes). <br />The Busch Road Improvements shall, collectively, consist of: <br />1. Construction of Busch Road along the entirety of the Project frontage, <br />as a two-lane roadway with landscaped median, sidewalks, and <br />buffered bike lanes (with said improvement not being eligible for fee <br />credit); <br />a. 2. Installation of a six-foot wide sidewalk, curb and gutter and <br />roadway paving on the north side of Busch Road, extending to the <br />western boundary of the City Operations Services Facility parcel (with <br />said improvement eligible for fee credit as outlined in Exhibit C); <br />3. Installation of a single-lane roundabout at the intersection of Busch <br />Road and Street B (with said improvement not being eligible for fee <br />credit); and <br />4. Installation of a right turn lane on Busch Road, to the east of the <br />roundabout, to allow for vehicles accessing the PGS weigh station to <br />queue outside of the through travel lane (with said improvement not <br />being eligible for fee credit). <br /> <br />ii. Notwithstanding the foregoing, if the Kiewit Developer does not install the <br />Busch Road Improvements and thus Developer is required to so install pursuant to this <br />Agreement and related Project conditions of approval, then Developer shall not be required to <br />pay the Busch Road Reimbursement and instead shall construct said Improvements and shall <br />receive all required fee credits and reimbursements in connection therewith as shown in DA <br />Exhibit C, including, without limitation, any and all supplemental fair share payments for said <br />improvements that City receives. <br /> <br />f. The Parties shall cooperate to process, consider and form or annex the <br />Project into a maintenance Community Facilities District (“CFD”) which shall provide adequate <br />annual funding for maintenance (consistent with typical City service levels), in perpetuity, of the <br />Trail Extension (to the extent installed pursuant to Section 3.2(c) above), in-tract public streets, <br />sidewalks, lighting, in-tract utility facilities, and storm drainage (proposed to be located on <br />   <br /><br />