Agenda - Council Work Session - 06/15/2004

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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 ~ivailable to the Developer. La 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 l, 2005, pay to the City, via certified funds or certified or wire transf'erred funds, the sum of $250,000 for deposit in the general fund of the City and desi~:nated 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 DENL, kl'fD MANAGEMENT PROGtLKM. The City and the Developer a~ee to work diligently'and in good faith with one another and with other appropriate 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 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 PREPAP,~TION OF FIN.KL PLaiNS FOR FINAL GtLADLNG 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 wl-rich addresses how final gading 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 wb_ich 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 perm/ts for grading within any portion o [ a Phase until the Council has approved the final ~ading 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 PEILMITS. The Developer must obtain all necessary approvals, permits and licenses fi'om 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 unde~ake 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. l 5 and each is also responsible for the payment of all fines or penalties the City or an~g Other Regulatory Agency levies or imposes against it as a result of its failure to obtain necessary approvals, permits and licenses or its ~hilure to comply with the terms and conditions set forth in the approvals, permits and licenses it obtains. 4. l 6 FCELATIONSHP BETWEEN NON-RES]Z)ENTL~.L AND' RESIZ)ENTIAL DEVELOP MENT. The City is approving the Developer's Master Development Plan, agreeing to construct City Public Improvements and a~eeing to participate in the construction of the 1555730vl3