Required Infrastructure Improvements. Subject to all the terms and conditions of this Agreement, Master Developer agrees to construct all infrastructure necessary to support the Project as described in Exhibit E. Master Developer further agrees to install, at Master Developer’s expense, off-site infrastructure necessary to provide services to the Project, including without limitation: (a) Sanitary sewer conveyance upgrades that are necessary based on the increased flows resulting from the anticipated land use changes and the topography of the site and surrounding areas. (b) Improvements to streets, sidewalks, curbs, and gutters that are necessary based on the increased traffic resulting from the anticipated land use changes in the Project. This includes but is not limited to off-site improvements as follows: (i) Prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in the Project, all streets from the intersection of Vista Boulevard and Homerun Drive to the Project Entrance shall comply with the 2012 Standard Specifications for Public Works Construction Revision 7. Roadways shall be improved to meet the City of Sparks Standard Residential Street Section to the approval of the City Engineer and the Fire Chief. The roadway construction schedule shall be coordinated with the City’s Parks and Recreation Department and Community Services Department. To maintain public access to Golden Eagle Regional Park for the duration of all construction of the Project, Master Developer shall be responsible for all damages caused by Master Developer’s activities to all streets, sidewalks, curbs, gutters, and other improvements from the intersection of Vista Boulevard and Homerun Drive to the Project Entrance, and shall repair all such damages to the approval of the City Engineer. Any repairs or maintenance made necessary or prudent due in whole or in part to Master Developer’s activities concerning the Project shall be made within 24 hours of notice by telephone call to Master Developer or Master Developer’s general contractor, as applicable, unless another time for repairs is agreed upon by the City. If repairs or maintenance are not timely completed, City may cause such repairs or maintenance to be completed at Master Developer’s cost and expense. (ii) Prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in excess of seventy-five (75) dwelling units in the Project, the intersection of Vista Boulevard, Homerun Drive, and Scorpius Drive shall be improved to include one exclusive left turn lane, one shared left turn-through lane, and one exclusive right turn lane at the south approach. The existing right turn lane at the west approach of the intersection of Vista Boulevard, Homerun Drive, and Scorpius Drive shall be lengthened to provide a minimum of 465 feet of storage/deceleration length with a 180-foot taper. The intersection improvements shall comply with the 2012 Standard Specifications for Public Works Construction Revision 7. The pavement structural section (asphalt and base) shall be approved by the City Engineer. The roadway construction schedule shall be coordinated with the City’s Parks and Recreation Department and Community Services Department. (iii) Prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in the Project, traffic control at the intersection of Homerun Drive and Touchdown Drive shall be modified to include stop sign control at the south and east approaches while the left turn and through movements at the north approach flow freely. This intersection shall also be improved with an exclusive left turn lane at the north approach. Pavement markings and signage shall be installed to the approval of the City Engineer. The installation schedule shall be coordinated with the City’s Parks and Recreation Department and Community Services Department. (iv) Prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in the Project, the intersection of Touchdown Drive and the primary access to the Project shall be a three-leg intersection with stop sign control at the east approach and an exclusive left turn lane at the north approach. The north and south approaches shall flow freely. The installation schedule shall be coordinated with the City’s Parks and Recreation Department and Community Services Department. (v) The primary access to the Project and all internal streets and sidewalks shall be designed to City of Sparks standards. The primary access to the Project shall be privately maintained until such time as the City, in its sole discretion, accepts ownership and/or maintenance responsibilities for such primary access. The Parties acknowledge and agree that nothing contained in this Agreement constitutes in any way a pre-approval, authorization, or acceptance of dedication or any ownership or maintenance responsibility for any street, sidewalk, or other infrastructure. All internal residential streets and sidewalks shall be privately owned and maintained. Prior to the approval of any tentative map relating to the Project, Master Developer shall provide to the City a copy of a report estimating the costs to maintain, repair, replace, or restore all privately owned streets and sidewalks serving or located within the Project for a period of at least thirty (30) years. The report shall include, without limitation, an estimate of the total annual assessment that may be necessary to cover the cost of maintaining, repairing, replacing, or restoring the privately owned streets and sidewalks and an estimate of the funding plan that may be necessary to provide adequate funding. The City may refuse to approve a tentative map if the report does not comply with Nevada law pertaining to reserve studies. The report must be completed by a person who holds a permit issued pursuant to NRS Chapter 116A. (vi) The Master Developer shall provide a traffic circulation plan that discourages or prevents Golden Eagle Regional Park traffic from utilizing the primary access to the Project and internal residential streets. Access to the City of Sparks maintenance facility must be considered and accommodated within any traffic circulation plan and street design. Master Developer and Owner shall not obstruct ingress or egress to Golden Eagle Regional Park at any time. (vii) Master Developer shall provide pedestrian and bicycle access routes from the Project to the existing pedestrian and bicycle network within Golden Eagle Regional Park. The locations and design requirements for such pedestrian and bicycle access routes shall be established with an application for the applicable tentative map. (c) Flood control and drainage improvements that are necessary based on the anticipated land use changes in the Project. Master Developer shall design and construct all flood control and drainage improvements, whether onsite or off-site, required to comply with the Truckee ▇▇▇▇▇▇▇ Regional Drainage Manual and the approval of the Administrator. Design rainfall depths shall utilize the 24-hour point precipitation frequency estimates from the National Oceanic and Atmospheric Administration Atlas 14 (NOAA Atlas 14). Master Developer shall obtain and provide to the Administrator a copy of any required Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision or other documentation prior to the approval of any tentative map for the Project. Master Developer shall obtain and provide to the Administrator a copy of any required FEMA Letter of Map Revision or other documentation prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in the Project. (d) Public safety conditions and improvements that are necessary based on the anticipated land use changes in the Project, including, without limitation: (i) A second fire apparatus access road shall be completed to the approval of the City Engineer and the Fire Chief prior to the storage of any combustible materials on the Property. The second fire apparatus access road shall be an all-weather material with a minimum width of twenty (20) feet, shall be located outside the 100-year flood plain, and shall be private, gated, and secured and posted as a second fire apparatus access road to the approval of the City Engineer and the Fire Chief. The Parties acknowledge and agree that it may be necessary or desirable for Master Developer and/or Owner to acquire an easement or purchase real property from the City to accommodate the second fire apparatus access road. The Parties further acknowledge and agree that in such an event, the City may, in its sole discretion, accept or reject the proposed location of such real property, and the purchase price of such interest in real property will be determined by an appraisal and a review appraisal obtained at Master Developer’s sole cost and expense. Master Developer shall repair or replace any improvements that are damaged or removed in the course of constructing the second fire apparatus access road to the approval of the City Engineer. The Parties further acknowledge and agree that nothing contained in this Agreement constitutes in any way a pre-approval or authorization of any purchase, sale, or other transfer of ownership of or other interest in real property. (ii) Prior to storage of any combustible materials on the Property, fire hydrants shall be installed throughout the Property to the approval of the Fire Chief. (iii) Construction of all streets shall comply with design requirements set forth in the City of Sparks Site Development Fire Prevention Policy Guide and shall be to the approval of the City Engineer and the Fire Chief. (iv) Prior to the approval of any tentative map relating to the Project, Master Developer shall create and submit a Fire Protection Plan to the Fire Chief for review and approval in accordance with the then current edition of the International Wildland Urban Interface Code. The Fire Protection Plan must contain provisions for defensible space around the perimeter of the Project, which may include, without limitation, the entity responsible for maintaining defensible space acquiring an easement or other permission to enter upon land north of the Property for the purpose of weed abatement to maintain defensible space on the northern boundary of the Property. (e) Master Developer shall establish an open space buffer of no less than twenty-five
Appears in 1 contract
Sources: Development Agreement
Required Infrastructure Improvements. Subject to all the terms and conditions of this Agreement, Master Developer WCSD agrees to construct all infrastructure necessary to support the Project as described in Exhibit E. Master Developer the Infrastructure Plan. WCSD further agrees to install, at Master DeveloperWCSD’s expense, off-site offsite infrastructure necessary to provide services to the Project, including without limitation:
(a) Sanitary sewer conveyance upgrades that are necessary based on the increased flows resulting from the anticipated land use changes and the topography of the site and surrounding areas.. Prior to the issuance of any building permit for the primary building in the Project, WCSD shall provide a final sanitary sewer report for the Project for review and approval by the City Engineer. City cannot issue a certificate of occupancy for the Project until the sanitary sewer conveyance upgrades identified in the City’s Captial Improvement Plan as Sanitary Sewer Upgrade Projects – Tyler Way and 18th Street, approved for the fiscal year ending June 30, 2020, are completed. The Parties acknowledge and agree that events occurring after the Effective Date of this Agreement, including but not limited to construction delays or decreased available funding, may delay City’s completion of the sanitary sewer conveyance upgrades identified in this paragraph, and that such delay shall not be a basis for any claim under this Agreement by WCSD. City will make reasonable efforts to complete the sanitary sewer conveyance upgrades identified in this paragraph as scheduled and approved in the Capital Improvements Plan:
(b) Improvements to streets, sidewalks, curbs, and gutters that are necessary based on the increased traffic resulting from the anticipated land use changes in the Project. This includes but is not limited to off-site offsite improvements identified in the Infrastructure Plan as follows, provided that all distances specified in this subsection (b) may be modified if such modification is approved by the City Engineer:
(i) Prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in the Project, all streets from the intersection of Vista El Rancho Drive and Sun Valley Boulevard and Homerun Drive to the Project Entrance shall comply with the 2012 Standard Specifications for Public Works Construction Revision 7. Roadways shall be improved as follows:
(1) The existing westbound-to-northbound right-turn lane at the intersection of El Rancho Drive and Sun Valley Boulevard shall be converted to meet a free right-turn lane, and an acceleration lane at least 280 feet in length with a merge taper at least 144 feet in length shall be constructed.
(2) During final design of these improvements, consideration shall be given to intentionally either including or excluding within the City acceleration lane the northernmost driveway of Sparks Standard Residential Street Section the apartment complex located at ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇-▇▇▇-▇▇. The length of the acceleration lane may be adjusted to accommodate this northernmost driveway with the approval of the City Engineer Nevada Department of Transportation and the Fire Chief. The roadway construction schedule shall be coordinated with the City’s Parks and Recreation Department and Community Services Department. To maintain public access to Golden Eagle Regional Park for the duration of all construction of the Project, Master Developer shall be responsible for all damages caused by Master Developer’s activities to all streets, sidewalks, curbs, gutters, and other improvements from the intersection of Vista Boulevard and Homerun Drive to the Project Entrance, and shall repair all such damages to the approval of the City Engineer. Any repairs or maintenance made necessary or prudent due in whole or in part to Master Developer’s activities concerning the Project shall be made within 24 hours of notice by telephone call to Master Developer or Master Developer’s general contractor, as applicable, unless another time for repairs is agreed upon by the City. If repairs or maintenance are not timely completed, City may cause such repairs or maintenance to be completed at Master Developer’s cost and expenseWashoe County.
(ii) Prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in excess of seventy-five (75) dwelling units in the Project, WCSD shall construct a roundabout at the intersection of Vista BoulevardEl Rancho Drive and ▇▇▇▇▇▇▇▇ ▇▇▇▇. This roundabout shall have a shared through and right-turn lane on the northbound approach, Homerun Drivea left-turn lane and a right-turn pocket on the westbound approach, and Scorpius Drive shall be improved to include one exclusive left turn lane, one shared left turna left-through lane, and one exclusive right turn lane at the south approach. The existing right and shared through and left- turn lane at on the west approach of the intersection of Vista Boulevard, Homerun Drive, and Scorpius Drive shall be lengthened to provide a minimum of 465 feet of storage/deceleration length with a 180-foot taper. The intersection improvements shall comply with the 2012 Standard Specifications for Public Works Construction Revision 7. The pavement structural section (asphalt and base) shall be approved by the City Engineer. The roadway construction schedule shall be coordinated with the City’s Parks and Recreation Department and Community Services Departmentsouthbound approach.
(iii) Prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in the Project, traffic control at WCSD shall improve the intersection of Homerun Drive McCarran Boulevard and Touchdown Drive shall be modified ▇▇▇▇▇▇▇▇ ▇▇▇▇ as follows:
(1) Modify the northbound lane configurations to include stop sign control at the south and east approaches while the left turn and through movements at the north approach flow freely. This intersection shall also be improved with an exclusive left one left-turn lane and a shared through and right-turn lane;
(2) Modify the southbound lane configurations to include two left-turn lanes, one through lane, and one right-turn lane;
(3) Extend the eastbound left-turn pocket to include at the north approach. Pavement markings least 600 feet of striped pocket, 170 feet of deceleration length, and signage shall be installed 180 feet of taper to the approval of the City Engineer. The installation schedule shall be coordinated with the City’s Parks provide a conservative length for peak queue storage; and
(4) Modify northbound and Recreation Department and Community Services Departmentsouthbound signal hardware to allow for protected left turns.
(iv) Prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in the Project, WCSD shall construct the intersection of Touchdown Drive following pedestrian and the primary access to the Project shall be a three-leg intersection with stop sign control at bicyclist improvements:
(1) Bicycle lanes on the east approach and an exclusive left turn lane at the north approach. The north and south approaches shall flow freely. The installation schedule shall be coordinated with the City’s Parks and Recreation Department and Community Services Department.
(v) The primary access to the Project and all internal streets and sidewalks shall be designed to City west sides of Sparks standards. The primary access to the Project shall be privately maintained until such time as the City, in its sole discretion, accepts ownership and/or maintenance responsibilities for such primary access. The Parties acknowledge and agree that nothing contained in this Agreement constitutes in any way a pre-approval, authorization, or acceptance of dedication or any ownership or maintenance responsibility for any street, sidewalk, or other infrastructure. All internal residential streets and sidewalks shall be privately owned and maintained. Prior to the approval of any tentative map relating to the Project, Master Developer shall provide to the City a copy of a report estimating the costs to maintain, repair, replace, or restore all privately owned streets and sidewalks serving or located within the Project for a period of at least thirty (30) years. The report shall include, without limitation, an estimate of the total annual assessment that may be necessary to cover the cost of maintaining, repairing, replacing, or restoring the privately owned streets and sidewalks and an estimate of the funding plan that may be necessary to provide adequate funding. The City may refuse to approve a tentative map if the report does not comply with Nevada law pertaining to reserve studies. The report must be completed by a person who holds a permit issued pursuant to NRS Chapter 116A.
(vi) The Master Developer shall provide a traffic circulation plan that discourages or prevents Golden Eagle Regional Park traffic from utilizing the primary access to the Project and internal residential streets. Access to the City of Sparks maintenance facility must be considered and accommodated within any traffic circulation plan and street design. Master Developer and Owner shall not obstruct ingress or egress to Golden Eagle Regional Park at any time.
(vii) Master Developer shall provide pedestrian and bicycle access routes from the Project to the existing pedestrian and bicycle network within Golden Eagle Regional Park. The locations and design requirements for such pedestrian and bicycle access routes shall be established with an application for the applicable tentative map.
(c) Flood control and drainage improvements that are necessary based on the anticipated land use changes in the Project. Master Developer shall design and construct all flood control and drainage improvements, whether onsite or off-site, required to comply with the Truckee ▇▇▇▇▇▇▇▇ Regional Drainage Manual ▇▇▇▇ north of McCarran Boulevard;
(2) Sidewalks at such locations as are necessary to fill gaps in existing pedestrian infrastructure at the following locations: on the east side of ▇▇▇▇▇▇▇▇ ▇▇▇▇ between ▇▇▇▇▇▇▇▇ Road and El Rancho Drive; on the approval west side of ▇▇▇▇▇▇▇▇ ▇▇▇▇ between Green Vista Drive and Niblick Drive; on the Administrator. Design rainfall depths shall utilize east side of El Rancho Drive between ▇▇▇▇▇▇▇▇ ▇▇▇▇ and Sun Valley Boulevard; and on the 24-hour point precipitation frequency estimates from the National Oceanic north side of McCarran Boulevard between El Rancho Drive and Atmospheric Administration Atlas 14 ▇▇▇▇▇▇▇▇ ▇▇▇▇.
(NOAA Atlas 14). Master Developer shall obtain and provide to the Administrator a copy of any required Federal Emergency Management Agency (FEMAv) Conditional Letter of Map Revision or other documentation prior to the approval of any tentative map for the Project. Master Developer shall obtain and provide to the Administrator a copy of any required FEMA Letter of Map Revision or other documentation prior Prior to the issuance of any certificate of occupancy for and/or final inspection of any dwelling unit in the Project.
(d) Public safety conditions , WCSD shall implement a 15 miles-per-hour school zone on ▇▇▇▇▇▇▇▇ ▇▇▇▇ during the morning arrival and improvements that are necessary afternoon dismissal peak travel periods, which times shall be based on the anticipated land use changes in actual scheduled hours of operation of the Project, including, without limitation:
(i) A second fire apparatus access road . School zone flashers shall be completed to the approval of the City Engineer designed and the Fire Chief prior to the storage of any combustible materials on the Property. The second fire apparatus access road shall be an all-weather material with a minimum width of twenty (20) feet, shall be located outside the 100-year flood plain, and shall be private, gated, and secured and posted as a second fire apparatus access road to the approval of the City Engineer and the Fire Chief. The Parties acknowledge and agree that it may be necessary or desirable for Master Developer and/or Owner to acquire an easement or purchase real property from the City to accommodate the second fire apparatus access road. The Parties further acknowledge and agree that in such an event, the City may, in its sole discretion, accept or reject the proposed location of such real property, and the purchase price of such interest in real property will be determined by an appraisal and a review appraisal obtained at Master Developer’s sole cost and expense. Master Developer shall repair or replace any improvements that are damaged or removed in the course of constructing the second fire apparatus access road installed to the approval of the City Engineer. The Parties further acknowledge and agree that nothing contained in this Agreement constitutes in any way a pre-approval or authorization of any purchase, sale, or other transfer of ownership of or other interest in real property.
(iivi) Prior to storage the issuance of any combustible materials on certificate of occupancy for the PropertyProject, fire hydrants WCSD shall be installed throughout provide analysis indicating optimized traffic signal timings for the Property a.m. peak, afternoon dismissal peak, and p.m. peak, to the approval of the Fire Chief.agency or agencies having jurisdiction, at the following intersections:
(iii1) Construction of all streets shall comply with design requirements set forth in the City of Sparks Site Development Fire Prevention Policy Guide El Rancho Drive and shall be to the approval of the City Engineer and the Fire Chief.McCarran Boulevard;
(iv2) Prior to the approval of any tentative map relating to the Project, Master Developer shall create El Rancho Drive and submit a Fire Protection Plan to the Fire Chief for review and approval in accordance with the then current edition of the International Wildland Urban Interface Code. The Fire Protection Plan must contain provisions for defensible space around the perimeter of the Project, which may include, without limitation, the entity responsible for maintaining defensible space acquiring an easement or other permission to enter upon land north of the Property for the purpose of weed abatement to maintain defensible space on the northern boundary of the Property.
(e) Master Developer shall establish an open space buffer of no less than twenty-fiveSun Valley Boulevard; and
Appears in 1 contract
Sources: Development Agreement