Frontage Improvements. Except as otherwise provided herein with respect to the Backbone Infrastructure and with respect to improvements adjacent to public property, and consistent with the terms of the Financing Plan, Developer shall be obligated as deemed necessary by County, at its sole cost and expense and without any right of reimbursement or fee credit from the County, to design and construct all other road improvements within or adjacent to the Property. Such improvements shall include curb, gutter, sidewalks, utilities, landscaping, streetlights, pavement (including, but not limited to, asphalt, concrete, aggregate base and aggregate sub-base), underground water, sewer and drainage improvements, wholly within the Property and to the centerline of the road rights-of-way adjacent to the Property and, as deemed necessary by County, the full width of landscape medians. Such improvements shall also include any additional pavement widening at intersections within or adjacent to the Property to accommodate turn lanes and bus turnouts (including the approaches to intersections and separate lanes for each turning movement), all grading, drainage laterals and inlets, cross culverts, traffic signing and striping, underground portions of traffic signals and signal interconnects in conjunction with joint trench work along all arterial roadways and at other locations deemed necessary by the County. Also, except for improvements to Baseline Road and Watt Avenue, if the Backbone Infrastructure include an initial two lanes for a road adjacent to the Property, which road is thereafter required to be widened to four lanes upon certain subsequent development of the Property or other property within the Specific Plan, then Developer shall be responsible for one-half of the cost of such widening adjacent to the Property, even though such widening may occur on the other side of the road. The improvements described above in this subsection 3.7.2 that are the responsibility of Developer shall be referred to herein collectively as the "Frontage Improvements." Where a roadway is to be constructed by Developer adjacent to an open space parcel located within the Property, Developer shall be responsible for the Frontage Improvements adjacent to the parcel, including the construction of the sidewalk, Class 1 Bike Paths and any required landscaping. Where a roadway is to be constructed by Developer adjacent to a park parcel or County Facility Site that will be subsequently developed for an active public use, Developer shall be responsible for the Frontage Improvements adjacent to the parcel, excluding, however, the construction of the sidewalk and landscaping (which shall be installed in conjunction with the subsequent development of such parcels for public use). The costs of these Frontage Improvements adjacent to parks and County Facility Sites shall be included within the Infrastructure Fee and Developer shall be entitled to any fee credits or reimbursements with respect to the construction thereof in accordance with the PVSP Fee Program. Developer shall also be responsible for the costs of any Frontage Improvements adjacent to open space, school sites, water tanks, cemetery or electrical substation, without credit or reimbursement from the Infrastructure Fee or any other component of the PVSP Fee Program, since the costs thereof are assigned to each Developer as to open space or anticipated to be otherwise recoverable by Developer pursuant to a separate acquisition agreement to be entered into between Developer and the school district or entity that will be acquiring such site.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement
Frontage Improvements. Except as otherwise provided herein with respect to the Backbone Infrastructure and with respect to improvements adjacent to public property, and consistent with the terms of the Financing Plan, Developer shall be obligated as deemed necessary by County, at its sole cost and expense and without any right of reimbursement or fee credit from the CountyCounty except as otherwise provided herein and/or in any fee program, to design and construct all other road frontage improvements within or adjacent to the Property. Such improvements shall include curb, gutter, sidewalks, utilities, landscaping, sidewalk, trails, streetlights, pavement (including, but not limited to, asphalt, concrete, aggregate base and aggregate sub-base), underground water, sewer sewer, water quality treatment, and drainage improvements, wholly within the Property and to the existing centerline of the road rights-of-way adjacent to the Property and, as deemed necessary by County, the full width of landscape medians. Such improvements shall also include any additional pavement widening at intersections within or adjacent to the Property to accommodate turn lanes and bus turnouts (including the approaches to intersections and separate lanes for each turning movement), all grading, drainage laterals and inlets, cross culverts, traffic signing and striping, underground portions of traffic signals and signal interconnects in conjunction with joint trench work along all arterial roadways and at other locations deemed necessary by the County. Also, except for improvements to Baseline Road and Watt Avenue, if the Backbone Infrastructure include an initial two lanes for a road adjacent to the Property, which road is thereafter required to be widened to four lanes upon certain subsequent development of the Property or other property within the Specific Plan, then Developer shall be responsible for one-half of the cost of such widening adjacent to the Property, even though such widening may occur on the other side of the road. The improvements described above in this subsection 3.7.2 3.5.1 that are the responsibility of Developer shall be referred to herein collectively as the "Frontage Improvements." ". Where a roadway is to be constructed by Developer adjacent to an open space parcel located within the Property, Developer shall be responsible for the Frontage Improvements adjacent to the parcel, including the construction of the sidewalk, Class 1 Bike Paths sidewalk and any required landscaping. Where a roadway is to be constructed by Developer adjacent to a park parcel or County Facility Site that will be subsequently developed for an active public use, Developer shall be responsible for the Frontage Improvements adjacent to the parcel, excluding, however, the construction of the sidewalk and landscaping (which shall be installed in conjunction with the subsequent development of such parcels for public use). The costs of these Frontage Improvements adjacent to parks and County Facility Sites shall be included within the Infrastructure Fee and Developer shall be entitled to any fee credits or reimbursements with respect to the construction thereof in accordance with the PVSP Fee Program. Developer shall also be responsible for the costs of any Frontage Improvements adjacent to open space, school sites, water tanks, cemetery or electrical substation, without credit or reimbursement from the Infrastructure Fee or any other component of the PVSP Fee Program, since the costs thereof are assigned to each Developer as to open space or anticipated to be otherwise recoverable by Developer pursuant to a separate acquisition agreement to be entered into between Developer and the school district or entity that will be acquiring such site.
Appears in 1 contract
Sources: Development Agreement