Agenda - Council Work Session - 09/21/2004

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1i. !2. The following language is hereby deleted from Section 4.11 of the Master Development Agreement: 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 proposes and sets forth the timing and ten'ns and conditions of any such conveyance or dedication; describes, in detail, the improvement~ which :he Developer is obligated to make to the Parkland and to any other land the Developer a~ees to convey or dedicate to the City ~br park purposes (the "Parkland Irnprovements")~ establishes a schedule for the Developer's commencement and completion of the Parkland improvements; describes the security, ii' any; which the Developer must provide to the City to secure the Developer's peri'ore, ante of its obligation to construct the Parkland h~nprovements~ and defines the timing of the Developer's obligation to deliver such security, if any, to the City. Section 4.3 of the Master Development Agreement is hereby amended to read as follows: [unedited} 4.3 APPROVAL OF FIN'AL PLANS FOR A PHASE. The RTC Project will be developed in Phases. Except as provided in Section 4.4, no Developrnent may occur on a Phase until a Secondary Developer has submitted a proposed Preliminary Plat and Proposed Final Plans for the Phase to the City in accordance with the RTC Controls, and the Council has approved the Preliminary Plat and Final Plans for that Phase in accordance with the RTC Controls. The Council will not approve the Final Plans for a Phase if the Public h-nprovements the Street and Utility Phasing Plan indicates will be consm, tcted in connection with the portion of the Subject Property that includes the Phase are not constructed and the Council is not satisfied that such Public Improvements will be constructed pursuant to the terms of this Master Agreement or the Secondary Development A~-eement for that Phase prior to the completion of that Phase. In cmmection with the Development of a Phase, the City may require the Developer or Secondary 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 ston-n water improvements with a credit to reflect the benefit to other property resulting from such improvements. 1684X~Sv] 3