Agenda - Council - 11/12/2013 - Laserfiche WebLink

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titled (a) Final Plat and Final Engineering - Commercial Development Phase 1, dated November 12, 2004, last revised December 16, 2004, sheet nos. 1-85, and (b) Final Plat and Final Engineering - Commercial Development Phase 1 — Pond Building dated December 15, 2004, last revised December 16, 2004 (collectively the "Final Plans"). The Final Plans consist of the final plat, street, utilities, grading, drainage, landscaping, and streetscape plans for the Subject Property. These Final Plans have been approved by the City subject only to technical review of the final construction plans by the City Engineer for compliance with City codes and other governmental regulations applicable to the Subject Property. If the Final Plans vary from the written terms of this Development Contract, the written terms shall control. Notwithstanding the execution of this Development Contract, the Secondary Developer acknowledges that formal City Council approval has yet to be granted for the version of the Final Plans referenced in this Development Contract. Formal City Council action on the version of the Final Plans referenced in this Development Contract is scheduled for Janaury 11, 2005. Although the City Council has approved earlier versions of the Final Plans for the grocery building, corner retail building and gateway building, the version of the Final Plans referenced in this Development Contract has not been formally approved because of changes to the pond building. Nevertheless, the Secondary Developer has requested that this Development Contract be executed. The Secondary Developer therefore consents to amending this Development Contract to incorporate any City requirements which may be necessary in order to grant final approval of the version of the Final Plans referenced in this Development Contract. 3. Improvements. a. The City requires the Secondary Developer to construct or be responsible for the construction of Improvements within the Plat as follows ("Required Improvements —Site Plan"): i. Site grading, including temporary and pen ianent erosion control, in accordance with the Final Plans. ii. Lot corner staking. To be provided before utility line construction. iii. Trunk and lateral storm sewer system and appurtenances, including pre-treatment manholes (i.e. stormceptor or approved equal). iv. On -site storm sewer ponding with liner and retaining walls around pond. v. Trunk and lateral sanitary sewer utility lines. vi. Trunk and lateral water utility lines and appurtenances. vii. Landscaping and irrigation in accordance with the landscape plans contained in the Final Plans, but specifically excluding landscaping and streetscape improvements for Sunwood and Zeolite. viii. Bituminous driveways, parking lots, manuevering areas, and other roadway surfaces. ix. Concrete curbing and gutter around the perimeter of bituminous surfaces. x. Irrigation metering and backflow devices shall be approved as part of the Utility Plan, and installed accordingly. Ramsey Town Center 3rd Addition Development Contract Page 3 of 17 Pages