Agenda - Economic Development Authority - 12/01/2003

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Developer. as the case may be, to oversize Public Improvements or othm-wvise modify the design of Public improvements as reasonably necessary to serve other properties. If the City. determines that the Development of a Phase reouires the construction of punic water, samtary sewer or ston'n water improvements which will benefit both property within the Phase and other property, the Ci~ has no obl/gation to provide the Developer or the Secondary. Developer who constructs the water, sanitary, sewer or storm Water improvements with a credit to reflect the benefit to other property resulting fi.om such improvements. 4. ~. F~AL. P~A i S. A2er the Developer satisfies the conditions Subsequent described in Section 4.2, no Developmem may occur within amy Phase until the City. approves the Final Plans for that Phase and the Final Plat for that Phase, if appiicable, is recorded with the County.; provided, however, after the Developer satisfies the conditions subsequent described in Section 4.2, the following Development may occur without the Final Plans for a particular Phase being approved and without the Final Plat for that Phase being recorded: the Ci%,:s construction of the CiD' Public Improvements and the Phase I Parking Ramp; (b) (c) (d) the Developer's mass ~ading and construction of the storm water management system to serve the Subject Property upon the Developer's satisfaction of the requirements set fo~h in Section 10.1; the Developer's installation of the landscap/ng described in the Phase I Landscaping Plan upon the Developer's satisfaction of the requirements sci forth in Section 7.2(b) and 7.2¢); the Deveioner's installation -' ~ , o: abe landscaping described in the Phase II Landscaping Plan upon the Developer's satisfaction of the requirements set forth in Section 7.8(c) and 7.8(d); the Developer's performance of the work described in the Parkland and Trail Plan upon the Developer's satisfaction of the requirements set forth in Section 1 i-.3; and (3' 4.5 the CiV will permit the Developer to obtain a bulldog permit for the con.~truction, up to and including the footings, of the Charter School upon the Developer's satisfaction of the conditions subsequent described in Section 4.2 above and the Developer's acquisition of site plan approval for the Charter School. The CitY may also require the execution of a Secondary Development Agr?eement with respect to the Phase which includes the Charter School. TqnM=nxx,,xr=ee, ASSOCLE ~ ~ONS ,CN-D ?~ESTRICT,}-VE COVENANTs. The City acinowiedges that the Developer or Secondary Developers may utilize deed restrictions, coveBants, m- ~ r~ ~ . a=~e~mem~, architecmra! conn'ois, homeowners' associations and other means to controi the use and to ensure the maintenance of the/and wirbin the RTC Project. 4.6 ~'CONSISTENCY .eMONG RTC CONTROLS. In the event of a conflict ber~,een or among an}, of the R~ ,~ Controls, if the parties are unable to a~ee upon an