Agenda - Council - 12/28/2006 - Laserfiche WebLink

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Developer's application and the facts support the issuance of a variance under the standards set forth therein Citv makes no representation or warranty to Developer that a variance will be available Unless Developer obtains a variance on or before 2007 Citv will design and construct the service road with a 60 foot ri ht of wav (c) water mains, sanitary sewer mains and storm sewer lines within the rights of way of the above described streets ..tHow does the City want to define the work the City is obligated to perform~l The improvements described in subsections (a), (b) and (c) above are referred to in this Agreement as the "City 61~ite-Public Improvements." City stwill engage engineers to prepare plans and specifications for the City On Site Public Improvements no later than -days after nt~t thy-; ~' + + ~ ~-'a i + + + a +'~ ' Deyel r r" ~ ~ ~~ ~.µ.,~J ~.=u ~~1 oiler closes on the purchase of the Development Property and records the Final PIat If Developer closes on the urchase of the of the Development Property and records the Final Plat on or before the Closing Date and completes the rough grading of the rights of wav in conformance with the final ~radin~ plan Citv approves as part of the Final Plat Data on or before 200 . City must, subject to Unavoidable Delay, substantially complete the City ~ °'+~ n• ~-~' xnFlnkh~i,- uiv ruiui ~'i iR Z3-i'~~~.°.7' :ltl... T'..~..7 Tl _a : _ ~~CR~G~Z7 a ' .7 Public Improvements on or before October 1 2008 If Developer does not close on the purchase of the Development Pr~nerty from [•: and re~cc rd the Final Plat on or before the losing Date or does not complete completes the rough ~radm~ of the rights of wav in conformance with the final grading plan City approves as part of the Final Plat Data on or before 200 Citv will establish a new substanhai completion date for th City Public Improvements after Developer has done so and the Parties will amend this.Al;reement to reflect the new substantial completion date. 12.3 ~-~Developere Public Improvements. Developer must, at Developer's sole cost and expense: fI need the Citv to tell me (il which if anv Developer Public Improvement obligations are the subiect of this Agreement (which means this Agreement defines the improvements establishes commencement (nntinnl and -completion (reguiredl dates fnr the improvements establishes the amount of the letter of credit Developer is required to submit to City at the time the Final PIat is released to secure Developer's performance of Develo er's obligation to construct those improvements and provides that the obligation to construct those improvements runs with title to all of the Development Property and (iil with if anv are outside the scope of this Agreement and will be addressed either in nevelnnmwnt PPrmite nr fi.~-...-o -- - - -- - u~ua v Development A~reement(s).l (a) 1974417vdoc V2 to V1 12/18/06 14 -139-