Agenda - Council Work Session - 09/02/2003

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[DRAFT] ARTICLE 7 CITY PUBLIC hvIPROVE~TS - CITY ROADWAY IMPROVEIvlENTS 7.1 CITY OBLIGATION TO CONSTRUCTION CITY ROAD WAY Itvi2PROVEMENTS. The City will construct the City Roadway Improvements pursuant to this Article ~.7, sub. iect to the.following conditions. The .Developer must provide the Citv,..foIlowing design as described in Section 7.2 below, with a detailed landscaping plan specifically describing the landscaping which the Developer will. perform within or adjacent to the rights-of- way of the City Phase I Roadway Improvements (the "Phase I Landscape Plan"). The Phase I Landscape Plan must identify a cormmencement date for the Developerj.s performance of the work described in the Phase I Landscape Plan. The commencement date may be stated as a number of days following the City's substantial completion of the City, Phase I Roadway..!mprovements (exclusive of the installation of the final lift). The Phase I Landscape Plan must also establish a specific completion date for the Developer's performance 'of the work described in the Phase I Landscape Plan. The completion date may be stated as a number of days from the commencement date. The Developer will not be deemed to .have satisfied this condition until the City. has approved the Phase I Landscape Plan. The Developer must deliyer, prior to issuance of any required C/t3, permits, a Letter of Credit, or alternative securi .ty authorized under Section 12.4. for 125% of the Ci .t?s reasonable estimate of the cost of performing e. ach portion Of the work described in the Phase I- Landscape Plan. The Developer must provide the Cit3.,, prior to issuance of any required City. permits, with a completed Pedestrian Plan acceptable to the City and a Pedestrian Phasing Plan that specifically describes the phases in which the Develop. er~will construct the improvements described in the Pedestrian Plan. The Pedestrian Phasi~nz Plan must establish a schedule of commencement and completion dates for the work in each phase. The Developer will not be deemed to have satisfied this condition until the Ci.ty approves the Pedestrian Plan and the Pedestrian Phasin~ Plan~ The DevetotEer delivers to the Cit.x.,~, prior 1[o issuance of any required City. permits, a L.e. tter of Credit, or alternative securi .ty authorized under Section 12.4. in an amount equal to 125% of the Ciw's estimate of the .cost of the current portion of Phase I of the Pedestrian Phasing Plan. 7.2 DESIGN. The City will commence design or, he City Roadway Improvements upon the later of the Developer's satisfaction of the conditions ~described in geotion 4-,~.Sections 4.2 or 7.1 or October 31, 2003. The Developer has submitted proposed designs for the City Roadway Improvements to the City, and the City will consider these proposed designs in the City's design process. When the City completes its design process for each phase of the City Roadway Improvements and before the City commences construction of that phase, the City will provide the Developer with copies of plans and specifications showing the City's design for