Agenda - Council Work Session - 02/15/2005

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12. I ? H}{~S2v2 Section 3.2(c) is hereby added to :the Master Agreement to read as follows: 3.2 REPRESENTATIONS AND WARRANTIES OF THE DEVELOPER. The Developer represents and wmTants to the City: (c) Tliat the Developer holds fee title io tl~e Unsold SubjeCt Property and, to the best of the DeveloPer's actual lmowledge, no persons or entities other than the Interested Parties have any recorded or unrecorded right, title, or interest in the Unsold Subject Property except as set forth on Exhibit O. Section 4.3 of the Master Agreement is hereby amended to read as follows: 4.3 APPROVAL OF FINAL PLANS FOR A PHASE. The RTC Project will be developed in phases. Except as provided in Section 4.4, no Development 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 Plates fc~r that Phase in accordance with the RTC Controls. The Council will not approve the Final Plans for a Phase unless: (a) the Public Improvements the Street and Utility Phasing Plan indicates will be constructed in co~mection with the portion of the Subject Property that includes the Phase are constructed; or (b) the Council is satisfied,, in its sole and absolute discretion, that such Public Improvements will be constructed prior to the completion of that Phase pursuant to the terms-of tlfis Master Agreement or the Secondary Development Agreement for that Phase. 'The Council also will not approve-the Final Plans for a Phase unless: (a) the Developer has graded the portion of the Subject Property within that Phase in accordance with the Master Grading P1an and has constructed the. portions of the Stormwater Management System: either located on or serving the portion of' the Subject Property within that Phase pursuant to the Storm Sewer Phase Plan Exhibit; or (b)'the Council is satisfied, in its sole and absolute discretion, that such grading will be completed and such components of the Stonnwater Management System will be constructed, prior to the completion of that Phase ptfrsuant to the tenns of this Master Agreement or the Secondary Development Agreement for that Phase. In cmmection with the Development of a Phase, the City rnay require the Developer or Secondary Developer, as the. case may be, to oversize Public hnprovements or otherwise rnodifythe design of Public Improvements as reasonably necessary to serve other properties. If the City der'ermines that the Devel6pment 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 storm water improvements with a credit to reflect the benefit to other property resulting fi'om such improvements.