Agenda - Council Work Session - 09/02/2003

Home

[DRAFT] The attached Exhibit K sets .forth the City's v,,,-J ........ schedule of hook up fees and rates and charges anticipated from'the Subject Pro"perty. 8.8 FEES. The City represents that the City's current charges for access, hook-up or connection to City water, sanitary sewer and storm water utilities are set forth on the attached Exhibit K. The City agrees that the City will not charge the Developer or any Secondary Developer any higher access, hook-up or connection fees or charges than those charged to other landowners within the City. The City makes no representations or warranties regarding the amount of future access, hook-up or connection charges. ARTICLE 9 PARKING STRUCTURES 9. l ThePARKING STRUCTURES. Althouah the Master Development Plan currently shows three parking structures within the RTC Project, the Developer and the City. have not yet determined the precise extent to which parking structUres are necessary, for the RTC Project. That portion of the Master Development Plan showing parking structures is conceptual and is subject to revision after the demand for parking structures is finally determined. Nevertheless, as required by Section 9.20.31, Subd. 2.a. of the RTC Ordinance, parking structures will be utilized to accom_modate the mai ority of the parking needs of the TC-1 Zonine District. TO the extent parking structures are necessary for the RTC Project to meet the requirements of the RTC Ordinance, the Developer agrees, at its expense., to construct, finance, own and operate such parking structures. The City may elect to participate in the construction, financing, owning or operation of one or more of the parking structures, on terms and conditions reasonably satisfactory to the Developer, provided the specifics of any such participation are set forth in an amendment to this Master Agreement. In consideration for the City's agreement to rezone a portion of the Subject ProPerty to the TC-1 Mixed-Use Core Sub-District without a specific current agreement as to the construction of structured parking, the Developer acknowledges ~that the City may refuse to approve Final Plans for Development of all or any portion of the c,,~,~ ~, r) .... "~" ~*~ "'4'*';~ the TC-1 Mixed -Use Core Sub-District unless the Final Plans provide for the construction of structured n~rlrir~cr~,h~,h 4 v ....... ~, ........ ~s acceptable to the City in hhe-Git~its sole and absolute discretion.-