2006-04-21 TSeascape-development

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adjustment over time and the private landowner at that time, say 20 years in the future, sees that its much cheaper to just surrender, just to pay the dollar amount thats built into this because it is less than the cost of building a road, theyll do that. ALAMEDA:Mr. Iwashita follow up? IWASHITA:I can go along with the Directors desire to have the cost established at the time the issue arises as long as theres a clear agreement as to the process to do that and in my mind that would be that the parties agree that the amount would be the Countys cost as determined by the Director of the Department of Public Works or whatever the person is called at the time. And that its-, the sole-, and that person has the sole authority to do that so that theres really no basis to argue or appeal or take to arbitration or any way to dispute the amount. You know its clear that the developer now and the owner in the future would be bound by the Directors decision as to what that cost is. ALAMEDA:Very good. Other Commissioners? Mr. Director? FUKE:Mr. Chairman? ALAMEDA:Mr. Fuke? FUKE:I think that you know in light of whats happened, if you go back again to like what I was kind of suggesting that if you submit a draft of the covenant you know to the Planning Director within 3 months of the effective date of this amendment and then that draft would reflect you know would provide, make provisions for the assurances number one and the process by which this roadway would be completed. And that assurance and the process would be as determined by the Planning Director upon consultation with the Department of Public Works. And I think that without getting into you know the very specifics at this stage I think in concept it would pretty much like accomplish what I believe the Commission you know is, wish to accomplish. ALAMEDA:Mr. Director? YUEN:Im fine with Mr. Fukes language. Im also fine with a language saying that if theres a dispute over the cost of the constructing the road the cost shall be the lowest, shall be determined as the-. I would ask for the Commissions indulgence in preparing the exact language to be sent to the Council between the time of the motion and the Council receiving the ordinance but the gist of it would be the lowest qualifying bidder. And that would mean that there would be, that you would have a construction, you would actually have a construction bid. If the parties disputed it and the job-, the parties dispute the cost then the County has to do it then it bids out the job and the landowner is responsible for paying the cost of the lowest qualifying bid. What the, the difficulty Im having in wording this is Im not, I dont have at the tip of my tongue or somewhere in my brain the proper language that describes (inaudible) the lowest qualifying bid. But when you go through a Public Works bid process they, and then they are required to take the lowest bidder, I dont remember the right language for that but thats the gist of it. EXHIBIT A 17