Agenda - Council - 07/12/2016 - Laserfiche WebLink

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ARTICLE 4 TOWN CENTER DISTRICT LAND USE CONTROLS 4.1 RESTRICTIONS ON DEVELOPMENT. The Developer may not peiniit or suffer any Development to occur on any part of the Subject Property (other than City Property the Developer does not own) until the Developer satisfies the conditions subsequent described in Section 4.2 below. After the Developer satisfies the conditions subsequent described in Section 4.2 below, the Developer may not, except as provided in Section 4.4 below, permit or suffer any Development to occur on any part of the Subject Property (other than City Property the Developer does not own) until the Council has approved Final Plans for a Phase which includes the part of the Subject Property upon which the Development will occur. 4.2 CONDITIONS SUBSEQUENT TO CITY APPROVAL. Notwithstanding any other provision of this Master Agreement or the RTC Controls, the Developer may not permit or suffer any Development to occur on any part of the Subject Property (other than portions of the Subject Property the City owns) until the Developer has satisfied each of the following conditions subsequent to the City's approval of this Master Agreement: (a) The Developer acquires title to all of the Subject Property (except the City Property), executes and records this Master Agreement and causes any lienholder to subject its interest in the Subject Property to the terms of this Master Agreement and the Master Final Plat as contemplated in Section 3.3. (b) The Developer satisfies all of the conditions subsequent to the Council's approval of the Preliminary Plat as set forth in the Resolution approving the Preliminary Plat; (c) The Council approves the Master Final Plat; and (d) Except for the items expressly described in Section 4.4(b) and 4.4(f), the Developer's recording of the Master Final Plat. The Developer must satisfy the conditions subsequent described in this Section 4.2 on or before December 31, 2003 or the City may terminate this Development Agreement. The City's right to terminate this Development Agreement pursuant to this Section 4.2 is not subject to the notice and cure provisions of Article 15. 4.3 APPROVAL OF FINAL PLANS FOR A PHASE. The RTC Project will be developed in Phases. Except as provided in Section 4.4, no Development may occur on a Phase until a Secondary Developer has submitted a proposed Preliminary Plat and Proposed Final Plans for the Phase to the City in accordance with the RTC Controls, and the Council has approved the Preliminary Plat and Final Plans for that Phase in accordance with the RTC Controls. The Council will not approve the Final Plans for a Phase if the Public Improvements the Street and Utility Phasing Plan indicates will be constructed in connection with the portion of the Subject Property that includes the Phase are not constructed and the Council is not satisfied that such Public Improvements will be constructed pursuant to the teiiiis of this Master Agreement or the Secondary Development Agreement for that Phase prior to the completion of that Phase. In connection with the Development of a Phase, the City may require the Developer or Secondary I555730v13 11