Resolutions-2017-078

2. Compliance with City Ordinances. Developers will comply with City Ordinances, including but not limited to ordinances governing zoning, subdivision and storm water detention. 3. Grading and Infrastructure Projects Construction. The Developers will undertake the grading and site preparation (the “Grading Project”) on the Development Property necessary for the construction of Development Projects and to complete such Grading Project by no later than December 31, 2020. Grading shall be in accordance with plans, prepared by a licensed engineer, submitted to and approved by the City. The Developers will cause the construction of the Infrastructure Projects in accordance with specifications (the “Infrastructure Plans”) which the Developers shall cause to be prepared by a licensed engineer by no later than December 31, 2018. The Infrastructure Plans shall provide that the Infrastructure Project will be completed by no later than December 31, 2020. The Infrastructure Plans shall be submitted to the City for review and approval. Upon City approval the Infrastructure Plans shall be attached hereto as Exhibit B. Following approval of the Infrastructure Plans and prior to commencing construction of the Infrastructure Projects, the Developers will submit copies of all engineering documents related to the proposed Infrastructure Projects to the City for review and approval. The City shall retain all rights to inspect the Infrastructure Projects for quality of work and full compliance with City Code. Nothing in this subsection shall be interpreted as limiting the City’s rights to not accept the work if an Infrastructure Project is not completed to the satisfaction of the City, as determined by the City staff or City designee. Upon completion of an Infrastructure Project, provided that (i) such improvements are of the type ordinarily dedicated to the City, and the City agrees that the improvements should be dedicated to it; (ii) the City confirms to the Developers in writing that such completed improvements meet City requirements; and (iii) the City accepts such Infrastructure Project in accordance with State law, the Developers will provide the City with either a deed or subdivision dedication to the improvements and related right-of-way comprising the Infrastructure Projects, which shall thereafter be maintained by the City. 4. Water Tower and Park Site. On or before December 31, 2020, Developers shall dedicate 3.9 acres of land to the City for a water tower and park site, which is located directly east of Bailey Way and north of Forevergreen Road. The site is shown on the map attached as Exhibit E. If a more desirable site outside of the Development Property becomes available, owned by Developer, the City will, in its discretion, consider whether the Developer should dedicate the new site to the City for use as a water tower and park site, instead of the property described above and shown on Exhibit E. 5. Over-sizing of Infrastructure. City Ordinances provide that in certain circumstances the City will pay for the cost of materials directly attributable to the over-sizing of certain Infrastructure. City will not pay for over-sizing within the area covered by a Tax Increment Development Agreement. The specific terms of the over-sizing and payments made by the City shall be set forth in subdivision developer’s agreements.