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

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within that Phase pursuant to the Public Rights -of -Way Layout Plan and the Parkland and Trail Plan. Except for sidewalks or trails located within the land the Developer will convey to the City pursuant to Section 4.11 below for public park purposes, all sidewalks or trails depicted upon the Parkland and Trail Plan are to be located within dedicated public easements or rights -of -way. 4.10 DEDICATION OF DRAINAGE AND UTILITY EASEMENTS. The Master Final Plat will dedicate to the public all drainage and utility easements shown in the Master Development Plan. The Final Plat for each Phase must dedicate to the public the customary drainage and utility easements required by the City for plats. 4.11 PARKLAND IMPROVEMENTS AND CONVEYANCE OF PARKLAND. The Developer must convey the Parkland to the City upon the earlier of: (i) the Developer's completion of the Parkland Improvements; or (ii) December 31, 2005; provided, however, if the Developer is in default in the performance of an obligation to construct Parkland 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 construction of the Parkland Improvements. When the Developer conveys the Parkland to the City, title to the Parkland must be marketable except for public drainage and utility easements which do not interfere with the City's use of the Parkland for park purposes. When the Developer conveys the Parkland to the City, the Developer must pay or provide for the payment of all real estate taxes and levied or pending special assessments due and payable with respect to the Parkland whether or not such real estate taxes 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 Agreement, the City and the Developer will attempt to agree on a Parkland and Trail Plan which defines any additional land which the Developer will convey or dedicate to the City for park purposes and sets forth the timing and terms and conditions of any such conveyance or dedication; describes, in detail, the improvements which the Developer is obligated to make to the Parkland and to any other land the Developer agrees to convey or dedicate to the City for park purposes (the "Parkland Improvements"); establishes a schedule for the Developer's commencement and completion of the Parkland Improvements; describes the security, if any, which the Developer must provide to the City to secure the Developer's performance of its obligation to construct the Parkland Improvements; and defines the timing of the Developer's obligation to deliver such security, if any, to the City. 4.12 PARK AND TRAIL FEES. The RTC Controls require the payment of park and trail fees in connection with the Development of the Subject Property. The City and the Developer agree that the City will collect the park and trail fees at the time the City approves a Secondary Development Agreement 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 park and trail fees due in connection with the Development of the Charter School before or at the time the City issues the building permit for footings described in Section 4.4(f) above or issues a building permit to a Secondary Developer. Based on the Parkland and Trail Plan described in Section 4.11, the City will determine, in a manner consistent with City practices, whether the Developer is entitled to any credit against the park and trail fees due and payable in connection with the Development of Subject Property based on the Parkland the Developer is obligated to convey to City pursuant to Section 4.11 and the Parkland Improvements and_trails the Developer is obligated to construct pursuant to the Parkland and Trail Plan. If the City determines that the 1555730v13 14