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

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Developer, as the case may be, to oversize Public Improvements or otherwise modify the design of Public Improvements as reasonably necessary to serve other properties. If the City determines that the Development of a Phase requires the construction of public water, sanitary sewer or storm water improvements which will benefit both property within the Phase and other property, the City has no obligation 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 from such improvements. 4.4 FINAL PLATS. After the Developer satisfies the conditions subsequent described in Section 4.2, no Development may occur within any Phase until the City approves the Final Plans for that Phase and the Final Plat for that Phase, if applicable, 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: (a) the City's construction of the City Public Improvements and the Phase I Parking Ramp; (b) the Developer's mass grading and construction of the storm water management system to serve the Subject Property upon the Developer's satisfaction of the requirements set forth in Section 10.1; (c) the Developer's installation of the landscaping described in the Phase I Landscaping Plan upon the Developer's satisfaction of the requirements set forth in Section 7.2(b) and 7.2(c); (d) the Developer's installation of the 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); (e) 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 11.3; and (f) the City will permit the Developer to obtain a building permit for the construction, 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 Agreement with respect to the Phase which includes the Charter School. 4.5 HOMEOWNERS' ASSOCIATIONS AND RESTRICTIVE COVENANTS. The City acknowledges that the Developer or Secondary Developers may utilize deed restrictions, covenants, agreements, architectural controls, homeowners' associations and other means to control the use and to ensure the maintenance of the land within the RTC Project. 4.6 INCONSISTENCY AMONG RTC CONTROLS. In the event of a conflict between or among any of the RTC Controls, if the parties are unable to agree upon an 1555730v13 12