Agenda - Economic Development Authority - 12/01/2003

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Developer is entitled to a credit against park and trail fees due and payable in cormecfion with the Development of the Subject Property, the City also will determine., in.a man_ncr consistent with City practices, how and when the credit will be applied against future park and trail fees or otherwise made~vailable to the Developer. In addition to any other park and trail fees the Developer is obligated to pay to the City under the terms of the RTC Controls the Developer will, on or before October 1, 2005, pay to the City, via certified funds or certified or wire transferred funds, the sum of $250,000 for deposit in the general fund of the City and designated to fund costs associated with the maintenance of park improvements located within the Subject Property, including, but not limited, to personnel and capital equipment costs. 4.13 TRAFFIC DEMAND MAN]3~GEMENT PROGRAiM. The City and the Developer agree to work diligently and in good faith with one another and with other appr°pnate governmental authorities, Secondary Developers and end users to develop a traffic demand management program to mitigate the impacts of the RTC Project. The City reserves the ri~t to require participation by the end users of portions of Phases La a traffic demand management pro,am in corm~ction with the approval of Secondary Development Agreements. 4.14 PREPARATION OF FINAL PL,~NS FOP, FINAL GR..KDING WITHIN A PHASE. Prior to Final Plat Approval for any Phase, a Secondary Developer for that Phase must submit final grading plans and a narrative which addresses how final g-fading for streets, utilities, drainage and Development within the Phase will .occur. These grading plans fo½'a Phase, once approved, will become a part of the Final Plans for that Phase. The final grading plans must also include an ove?all erosion control plan which addresses erosion control and protection of surface water quality. The final ~ading plans for a Phase are subject to the review and approval of the City Engineer; review and recommendation from the local soil and water conservation district and approval of the Council. The City will not issu'e grading permits for grading within any portion of a Phase until the Council has approved the final grading plans for that Phase and a Secondary Developer has provided appropriate security as may be required by the Zoning Ordinance or the terms of any applicable Secondary Development Ageement. 4.15 PERMITS. The Developer must obtain all necessary approvals, permits and licenses from the City. and the Other Regulatory Agencies for any Development the Developer undertakes on the S ubj ect Property including the performance of the Developer's obligations under this Master Agreement. Each Secondary Developer must obtain all necessary approvals, permits and licenses from the City and the Other Regulatory Agencies for all development the Secondary Developer performs or undertakes on the Subject Property, including any activities the Secondary Developer is obligated to undertake pursuant to the terms of the Final Plans for a Phase. The Developer and each Secondary. Developer are responsible for all costs incurred to obtain approvals, permits, and licenses each is required to obtain pursuant to the terms of this Section 4.15 and each is also responsible for the payment of all fmcs or penalties the City. or any Other Regulatory Agency levies or imposes against ii as a result of its failure to obtain necessary approvals, pen-nits and licenses or its failure to com~ly with the terms and cc~nditions set forth in the approvals, permits and licenses it obtains. 4.16 KELATIONSHIP BETWEEN NON-t~SIDENTIAL A_ND P,_ES~ENTLa& DEVELOPMENT. The City is approving the Developer's Master Development Plan, a~eemg to construct City Public Improvements and a~eeing to participate in the construction of the