Agenda - Council Work Session - 09/02/2003

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IDRAFT] If the Developer or a Secondary Developer, with the Developer% consent, requests a change to the RTC Controls for a specific Phase arid the City grants the change, then the above restrictions do not apply for that Phase. The provisions of this Section 4.7 do not apply to provisions of the City's ordinances establishing "connection" or establishing utility "connection" or '.'hook up" fees and charges or utility rates; provided, however, the City agrees that the City will not charge the Developer or any Secondary Developer any higher fees or charges than those charged to other landowners within the City. 4.8 SUBDIVISION MONUMENTS. Prior to the City's execution of a Final Plat, the Developer or a Secondary Developer, as the case may be, must, at its own expense, install subdivision monuments pursuant to the requirements of the City's Zoning Ordinance as interpreted by the City's engineer. 4.9 DEDICATION OF PUBLIC RIGHTS OF WAY. Except for the right-of-way necessary to construct Variolite Street north of Bunker Lake Boulevard, the Master Final Plat will dedicate to the public all rights-of-way necessary for the City's constrUction of the City Roadway Improvements including sufficient right-of-way for the pedestrian sidewalks and trails which, pursuant to the Pedestrian Plan, are to be located adjacent to the City Roadway Improvements. The Final Plat for each Phase must dedicate to the public the necessary rights-of- way for all public rights-of-way (including public sidewalks and trails) to be located w/thin that Phase pursuant to the Public Rights-of-Way Layout Plan and the Pedestrian Plan. Except for sidewalks or trails located within the land the Developer will convey to the City pursuant to Section 4.10 below for public park purposes, all sidewalks or trails depicted upon the P.edestrian Plan are to be located within dedicated public easements or rights-of-way. 4.10 DEDICATION OF DRAINAGE AND UTILITY EASEMENTS. The Master Final Plat will dedicate to the public all drainage and utility easements shown in the Master Development Plan. The Final Plat for each Phase must dedicate to tl~e public the customary drainage and utility easements required by the City for plats. 4.11 PARK LAND DEDICATION. To satisfy the Park Land dedication reqUirement for the RTC Project established in the RTC Controls, the Developer must constrUct the Park Land Improvements pursuant to Section 11.__ below and, [within 30 days of the date the Developer is obligated to complete such construction pursuant to the Park Phasing Plan described in Section 4.27.1 ( ) abovebelowl, the Developer must convey the improved Park Land to the City; provided, however, if the Developer is in default in the performance of its obligation to construct Park Land Improvements, the City may, at its option, defer the conveyance of the Park Land from the Developer to the City until the Developer completes construction of the Park Land Improvements. When the Developer conveys the Park Land to the City, title to the Park Land must be free of all encumbrances except for public utility easements which do not interfere w/th the City's use of the Park Land for park purposes. When the Developer conveys the Park Land to the City, the DeVeloper must pay or provide for the payment of all real estate taxes and levied or pending special assessments due and payable with respect to the Park Land whether or not such real estate taxes and special assessments are due and payable at the time of the conveyance.