05-12-2003 Council Packet - Laserfiche WebLink

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2. 3. 4. development of the various Future Phases has not been absolutely established, but relies to some extent on marku conditions and demand. Therefore, this Agreement will pertain primarily to the Phase One improvements, and shall be amended as necessary prior to commencement of improvements for each Future Phase. The Phase One improvements include the construction of Kelley Paricway and associated curb and gutter, sidewalks, lighting, signage and landscaping; construction of municipal sewer and water mains and facilities within the right-of-way of Keliey Parkway; construction of stormwater piping and facilities including the regional pond south of Kelley Parkway; and construction of private roads and driveways as well as private and public sewer and water lines and facilities within the area designated as Phase One as shown on Exhibit L; and general site grading for Phase 1 and future Phases. Phase One of the development includes the construction of 28 two-slory townhome units and 26 rambler townhome units. Commencement of Phase One improvements shall not occur until Developer has made payment to the City of the prorated portion of the Development Fees (Park Dedication Fee, Storm Water and Drainage Trunk Fee, and Sewer and Water Connection Charges) for Phase One. Commencement of Future Phase improvements shall not occur until Developer has made payment to the City of the prorated portion of the Development Fees associated with said Future Phase. The Development Fees for each Phase shall be based on the proportional acreage or number of units within each Phase depending on the method of calculation of each fee, relative to the total project. The schedule of Development Fees is attached hereto as Exhibit Nothing in this Agreement is intended to prohibit the commencement of Future Phases prior to completion of earlier Phases, nor to establish a specific sequence for the various Phases. Completion of Phase 1 improvements shall be required before conunencement of any Future Phase, except that Phase 2 grading and utilities may be commenced prior to completion of Phase 1 improvements. C. Covenants The Developer shall establish covenants governing the development and containing as a minimum the following elements: 1 . Creation of Homeowners Association(s). 2. Establishing rights & responsibilities of HA(s) and/or others. 3. Granting of the various required easements as noted within this and other approval documents. Page 6 of 20 Developer Initial. City Clerk Initial