Agenda - Council Work Session - 09/02/2003

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[DRAFT] 4.12 PARK AND TRAIL FEES. Development of the Subject Property requires the payment of park and trail fees as required by the RTC Controls. The City and the Developer agree that the City will collect the park and traiI fees at the time the City approves a Secondary Development Agreement for a Phase or at such later time as established in the City's Zoning Ordinance. With respect to the Development of the Charter School, the Developer must pay the park and trail fees for the Charter School parcel required by the RTC Controls before or at the time the City issues the building permit for footings described in Section 4.4(c) above. When the Developer has submitted the Park Phasing Plan described in Section 4.2(e) to the City and the City Engineer and planner have had an opportunity to review the Developer's Park Plans, the City will determine, in ;*° o"~ ~'~ ~-~"~o '~; ..... ;^~ City p .............................. a manner consistent with ractices, whether the Developer is entitled to any reduction in the park and trail fees established by the RTC Controls based on the park and trail improvements the Developer is obligated to construct. If the City determines a credit is appropriate, the credit will be applied on a pro rata basis to all park and trail fees due and payable in connection with the subsequent development by the Developer of the Subject Property. 4.13 TRAFFIC DEMAND MANAGEMENT PROGRAM. The City and the Developer agree to work diligently and in good faith with one another and with other appropriate governmental authorities, Secondary Developers and end users to develop a traffic demand management program to the extent necessary to mit/gate the impacts of the RTC Project. The City reserves the right to require participation by the end users of portions of Phases in a traffic demand management program in connection with the approval of Secondary Development Agreements. 4. I4 PREPARATION OF FINAL PLANS FOR FINAL GRADING WITHIN A PHASE. Prior to Final Plat Approval for any Phase, the Secondary Developer for that Phase must submit final grading plans and a narrative which addresses how final grading for streets, utilities, drainage and Development within the Phase will occur. These grading plans for a Phase, once approved, will become a part of the Final Plans for that Phase. The final grading plans must also include an overall erosion control plan which addresses erosion control and protection of surface water quality. The final grading plans for a Phase are subject to the review and ........ ~ ~,-,~,,~ c,;~,, ~,,,: ......... ; ...... '~ recommendation from the local soil and water conservation district and approval of the Council. The City will not issue grading perm/ts for grading within an3' portion of a Phase until the Council has approved the final grading plans for that Phase. 4.15 PERMITS. The Developer must obtain all necessary approvals, permits and licenses from the City. and the Other Regulatory Agencies for any Development the Developer undertakes on the Subject Property including the performance of the Developer's obligations under this Master Agreement. Each Secondary Developer must obtain all necessary approvals, permits and licenses from the City and the Other Regulatory Agencies for all development the Secondary Developer performs or undertakes on the Subject Property, including any activities the Secondary Developer is obligated to undertake pursuant to the terms of the Final Plans for a Phase. The Developer and each Secondary Developer are responsible for all costs incurred to obtain approvals, permits and licenses each is required to obtain pursuant to the terms of this Section 4.13 and each is also responsible for the payment of all fines or penalties the City or any Other Regulatory Agency levies or imposes against it as a result of its failure to obtain necessary