Agenda - Council Work Session - 09/02/2003

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[DRAFT] The Develo~ er satisfies all of the conditions subsequent to the City Council's a~A~rovai of the Preliminary Plat as set forth in the Resolution agprovina the Prelimin a~, Plat: The City Council approves the Master Final Plat: and Except for the items expressly described in Section 4.5 below, the Developer's recording of the Master Final Plat. The Developer must satisfi, the conditions subsequent described in this Section 4.2 on or before ,2003 or the CiD' may terminate this Development Agreement. The Cit3.7's right to terminate this Development Agreement pursuant to this Section 4.2 is not subject to the notice and cure provisions of Article 15. 4.3 .4~2-_ APPROVAL OF FINAL PLANS FOR A PHASE. The RTC Project will be develoPed in Phases. Except as provided in Section ,4.4, no Development ina), occur on a Phase until a Seconda~ Developer has submitted a proposed PreliminmT Plat and Proposed Final Plans for the Phase to the City in accordance with the RTC Controls, and the Council has approved the Preliminaq, Plat and Final Plans for that Phase in accordance with the RTC Controls. The CiD' is not obligated to approve the Final Plans for a Phase unless the CiD' determines, in its sole and absolute discretion, that all Public Improvements necessau, for the Development of that Phase are available to serve that Phase or will be made available as necessau, to serve improvements within that Phase pursuant to the terms of this Master Agreement or the Final Plans for that Phase. 4.4 4--_-~Fi~AL PLATS. NoAfter the Developer satisfies the conditions subseq~uent described in Section 4.2. no Development ina), occur within an), Phase until the City approves the Final Plans for that Phase and the Final Plat for that Phase is recorded with the County; provided, however, after the Developer satisfies the conditions subsequent described in Section 4.2. the t%llowing Development may occur without the Final Plans for a particular Phase being approved and without the Final Plat for that Phase being recorded: (a) construction of the Developer Public Improvements: the Developer may not commence the construction of work within a defined phase of the Developer Public Improvements until tl~e Developer has provided the City with a letter of credit in the amount equ_al to 125% of the City Enqineer's estimate of the cost of the work to be completed as a part of that Phase. The Developer ma~ not commence work which is part of a phase described in the Gradin~ Storm Water Phasing Plan until the City has obtained all apj)rovals required by thee Lower Rum River Water Management Organization for the work that is a part of that phase and has paid the City the inspection fees established by the RTC Ordinances for the work to be ~performed as a part of that phase. (h) (c) I q5<730 red V8 tp V6; 8/29/03 construction of the City Public improvements; .......... , ......... ,-~,,v .... nt A~ccmcnt:the GiB, will permit the Developer to obtain a buitdinv permit for the constrnctiom up to and includin~q the t4