THREEHAND 07-062 - Laserfiche WebLink

PG&E, AT&T) design fees, as necessazy for the City project; (b) for approved consultant vests; (c) for specialty inspection fees; (d) for the construction, installation, and related management, of the improvements and related matters as generally identified in Section 4, that Seller has constructed, or caused to be constructed. The City shall not reimburse Seller any more than $1,887,905.53. Said reimbursement agreement will be similar to other agreements between the City and private developers for designing/constructing public facilities within a private development project. City shall reimburse Seller within 45 days of Seller's submitting paid invoices and lien releases for these costs or as otherwise agreed upon in the reimbursement agreement. 10. The City shall work with the Vineyard Hills Reservoir Tank contractor so that the tank contractor's work efforts can be phased to the greatest extent possible to allow Seller to put the roadway and utility plans out to bid no later than November 2007. If Seller desires to begin work prior to November 2007, Seller shall coordinate Seller's activities with the City to ensure that the City's water tank contractor is not impacted by Seller's activities, including use ofthe rough graded access road. 11. The City shall enter into a maintenance agreement with Seller to provide maintenance of underground water and sanitazy sewer facilities within the easement for public utilities and access. These underground water and sewer facilities will be accepted by the City as public facilities. Seller (and Seller's successors in interest) shall be responsible for ownership and maintenance of the street pavement and storm drainage facilities within the easement. The street pavement and storm drain facilities will be identified on the improvement plans as private facilities. Seller (and Seller's successors in interest) shall be responsible for all aboveground storm drain facilities such as inlets, grates, bio-retention planters, etc. 12. To the extent that owners of neighboring properties desire utility services to be connected to the utility services described in this Amendment, the City shall be responsible for coming to an appropriate agreement with such property owners regazding the provision of such services. Seller shall be responsible for entering into an appropriate agreement with the neighboring property owners in connection with any easements necessary to support such connection. 13. In all other respects, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Seller and City have executed this Amendment as ofthe date first written above. [Signatures on, following page] 4