Agenda - Council Work Session - 09/02/2003

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[DRAFT] Land to the City, title to the Parklandpark Land must be free of all encumbrances except for public utility easements which do not interfere with the City's use of the ........ dPark Land for 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 Par~'AandPark Land whether or not such real estate taxes and special assessments are due and payable at the time of the 4.1.~2 PARK AND TRAIL FEES. Development of the Subieet Property, requires t_h~e p~_yment of park and trail fees as required by the RTC Controls. The CiW and the Developer agree that the City will collect the park and trail fees at the time the CiD, _a_p~roves a Secondary Development Agreement for a Phase or at such later time as established in the Citw's Zoning Ordinance. With respect to the Dedel0pment of the Charter School, the Developer must pay the park and trail fees required by the RTC Controls before or at the time the City issues the buildingj~ermit for footings described in Section 4.4(c) above.' When the Developer has submitted the Park Phasing Plan described in Section 4.2[_eA to the Ci~, and the City Engineer and planner have had an opportunity to review the Developer's Park Plans, the Citw will determine, in its sole and absolute discretion, whether the Developer is entitled to any reduction in the park and trail fees established _b_3: the RTC Controls based on the park and trail improvements the Developer j5 obligated to construct. If the Cita, determines a credit is appropriate, the credit will be _aA~.__p. lied on a pro rata basis to all park and trail fees due and payable in connection with the subsequent development of the Subject Property. 4.L3 4-A-I-TRAFFIC DEMAND MANAGEMENT PROG1L&M. The CiD, and the Developer agree to work diligently and in good faith with one another and with other appropriate govermnental authorities, Secondary Developers and end users to develop a traffic demand management program to the extent necessary to mitigate 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 progrmn in connection with the approval of Secondary Development Agreements. 4.14 4:4-2-__ PREPARATION OF FINAL PLANS FOR A PHASE FINAL GRADING WITHIN A PHASE. Prior to Final Plat Approval fdr any Phase, the Secondary Developer for that Phase must submit final ~adi.ng plans and a nmTative which addresses how final ~ading for streets, utilities, drainage and Development within the Phase will occur. These grading plans for a Phase, once approved, will become a pa~ of the Final Plans for that Phase. The final ~ading plans must also include an overall erosion control plan which addresses erosion control and protection of surface water quality. ~e final ~ading plans for a Phase are Subject to the review and approval of the City Engineer; review and reco~endation from the local soil and water consem,ation distil ct and approval of the Council. The City will not issue ~ading pe~its for ~'ading within any potion of a Phase until the Council has approved the final ~ading plans for 1555730.red \,'$ tp V6: 8/29/03 17