2016-012 Council Resolution - Laserfiche WebLink

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Saddle Club Second Addition Development Agreement April 2016 a. Site grading, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer's escrow. 19. Special Provisions. In consideration for the City's approval of this Agreement, Developer agrees to undertake the following off-site improvements: a. Fox Road. Developer shall acquire from the City fee simple title to the southern 550 feet of the abutting parcel to the west of the Subdivision (a/k/a the Comcast parcel) pursuant to a separate purchase agreement. City approval of this Agreement is contingent upon the City and Developer entering into the purchase agreement for the Comcast parcel and Developer depositing into escrow with the City the purchase price of $100,000.00. Upon acquisition of, and final plat approval for, the Comcast parcel, Developer shall: Construct Fox Road across the Comcast parcel so as to join the Fox Road segment in Saddle Club to the existing Fox Road in the Foxborough subdivision to the southwest. All plans and specifications for Fox Road must be approved by the City prior to construction. ii. Install sanitary sewer and water main on the Comcast parcel so as to connect the sanitary sewer and water main in Saddle Club to those existing utilities in the Fox Road right-of-way in the Foxborough subdivision to the southwest. All plans and specifications for the sanitary sewer and water main utilities must be approved by the City prior to construction. iii. All Fox Road utility and roadway improvements shall be completed prior to, or concurrent with, the utility and roadway improvements within phase three of Saddle Club, or within two years from the date of Council approval of the Saddle Club Second Addition final plat, whichever is earlier. page 9