Agenda - Economic Development Authority - 12/01/2003

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witkin that Phase pursuant to the Public Frights-of-Way Layout Plan and the Parkland and Trail Plan. Except for sidewalks or mails located within the land the Developer wil] convey to the City pursuant to Section 4.11 below for public park purposes, all sidewalks or n'a/is depicted upon the Parkland and Trgil Plan are to be located within dedicated public easements or rial. his-of-way. 4.10 DEDICATION OF DP~dNAGE .A_ND UTILITY EASEMENTS. The Master Final Plat will dedicate to the public ail drainage and atihty easements shown m the Master. Development Plan. The Fina/P!at for each Phase must dedicate to the public the customary drainage and utility easements required by the CRy for plats. .4. ! I P.&P,~KL,~iNII P~ ROVEMEN"TS AND CON-VEYA_NCE ._OF PAPd4_L,~. The Developer must convey the Parkland tO the Civ upon. the earher of.' (i) the Developer's . completion of the Parkland Improvements; or (ii) December .31, 2005; provided, however, if the Developer is in default in :he performance of an obligation to construct P .arldand Improvements arising under the Parkland and Trail Plan described below, the City may, at its option, defer the conveyance of the Parkland from the Developer to the City. until the Developer completes consmaction of the Parkland Improvements. W-hen the Developer conveys the Parkland to the City, title to the Parkland must be marketable except for pubhc drainage and utihV easements which do not inte~ere with the City's use of the Parkland for park purposes. When the Developer conveys the Parkland to the CiV, the Developer must pay or provide for the payrr}ent of ail real estate taxes and levied or pending special assessments due and payable with respect to the Parkland whether or not such rea/estate t~es and special assessments are due and payable at the time of the conveyance. For a period of 90 days following the Council's approval of this Master Ageemem, the CiD' and the Developer will attempt to a~ee on a Parkland and Trail Plan which defines any additional land which the Developer will convey or dedicate to the CiD' for park purposes and sets forth the timing and terms and conditions of any such conveyance or dedication; describes, in detail, the/_mprovements which the Developer is obligated.to make to the Parkland and ro any other land the Developer a~ees to convey or dedicate to the City for park purposes (the "Parkland Lmprovements"); establishes a schedule for the Developer's con'maencement and completion of the Parkland Improvements; describes the security, if any, which the Developer must provide to the City to.secure the Developer's perfonmanc~ of its obligation to const~ct the Parkland Improvements; and defines the timing of the Developer's obligation to deliver such security, if any, to the CiV. 4.12 P.~,u2_K _~k,,'-D TR.A~_ FEES. The RTC Controls require the payment of park and trail r%es in cormec,fion with the Development of the Subject Prope~y. The City. and the Developer a~ee that the City will collect the park and trail fees at the time the City approves a Secondary.. Development A~eement for a Phase or at such later time as established in the City's Zoning Ordinance. 'The Developer or a Secondary Developer must pay the parkland trail fees due in cormecfion with ~h,~ Development of the Charter School before or at the time the City issues the building permit for footings described in Section 4.4(0 above or issues a building pein'fit to a Secondary. Developer, Based on the Parkland and Trail Plan described in Section 4.1 i, the CiD, will determine, in a ma.n_ner consistent with City practices, whether the Developer is entitled to any crsdit against the park and trail fees due and payable in connection with the Development of Subject Pronerr,,, based on the Parkland the Developer is obligated to convey to CiD, pursuant to Section 4.11 and the Parkland Improvements and. trails the Developer is obligated :o consmact pursuant :o the Park-land and Trail Plan. If the City determines that the