Agenda - Council - 09/13/2004 - Laserfiche WebLink

Home

32. 33. 10.1 DEVELOPER Pb53LIC IMPROVEMENTS - MASS GRADING AND STORM WATER MANAGEMENT. The Developer lnust mass grade the Subject Property and construct a storm water management system to serve the Subject Property in accordance with the Master Grading Plan and the Storm Sewer Phasing.Plan Exhibit. Subject to Force Majeure, the Developer must commence and complete each phase of the mass grading and each phase of the construction of the storm water management system on or before the commencement and completion dates established for such work in the Grading Plan and the Storm Sewer Phasing Plan Exhibit. The Developer rnay not comlnence the first phase of the mass grading and storm water management system construction or any subsequent phase of the storm water management system construction untih (a) the Developer has delivered to the City a letter of credit in accordance with the provisions of Section 1. 2.4 herein. Section ll.l of the Master Development Agreement 'is hereby amended to read as follows: 11.1 .LANDSCAPING ASSOCIATED WITH CITY PHASE I ROADWAY IMPROVEMENTS. Subject to Force Majeure, the Developer nmst commence the installation of the landscaping described in the Phase i Landscaping Plan within sixty (60) days of the City's substantial completion (exclusive of the final lift) of the City Phase I Roadway Improvements, and must complete the installation of the landscaping described in the Phase I Landscaping Plan on or before the date 180 days fi'om the City's substantial completion (exclusive of the final lift) of the City Phase I Roadway Improvements. Notwithstanding the foregoing, if the City substantially completes the City Phase I Roadway hnprovements between November 1 of any year and May .1 of the following year, the De4eloper is not obligated to commence the iffstallation of the landscaping described in the Phase I Landscaping Plan until the following May 1 and is not obligated to complete the installation of the landscaping described in the Phase I Landscaping Plan until the following September 1. Upon the Developer's completion of the landscaping described in the Phase I Landscaping Plan, the Developer must submit to the City a guaranty as required by the Zoning Ordinartce. Section 11.2 of the Master Development A~'eement is hereby amended to read as follows: 11.2 LANDSCAPING ASSOCIATED' WITH CITY PHASE Il ROADWAY EVIPROVEMENTS. Subject to Force Majeure, the Developer must commence the installation of the landscaping described in the Phase II Landscaping Plan within sixty (60) days-of the City's substantial completion (exclusive of the final lift) of the City Phase [I 1684445v2 -332- 12