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

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Developer is entitled to a credit against park and trail fees due and payable in connection with the Development of the Subject Property, the City also will determine, in a manner consistent with City practices, how and when the credit will be applied against future park and trail fees or otherwise made available 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 find 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 MANAGEMENT PROGRAM. The City and the Developer agree to work diligently and in good faith with one another and with other appropriate governmental ai.thorities, Secondary Developers and end users to develop a traffic demand management program to mitigate the impacts of the RTC Project. The City reserves the right to require participation by the end users of portions of Phases in a traffic demand management program in connection with the approval of Secondary Development Agreements. 4.14 PREPARATION OF FINAL PLANS FOR FINAL GRADING 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 grading for streets, utilities, drainage and Development within the Phase will occur. These grading plans for a Phase, once approved, will become a part of the Final Plans for that Phase. The final grading plans must also include an overall erosion control plan which addresses erosion control and protection of surface water quality. The final grading 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 issue 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 Agreement. 4.15 PERMITS. The Developer must obtain all necessary approvals, peunits and licenses from the City and the Other Regulatory Agencies for any Development the Developer undertakes on the Subject 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 fines or penalties the City or any Other Regulatory Agency levies or imposes against it as a result of its failure to obtain necessary approvals, permits and licenses or its failure to comply with the terms and conditions set forth in the approvals, permits and licenses it obtains. 4.16 RELATIONSHIP BETWEEN NON-RESIDENTIAL AND RESIDENTIAL DEVELOPMENT. The City is approving the Developer's Master Development Plan, agreeing to construct City Public Improvements and agreeing to participate in the construction of the 1555730vI3 15