12-10-2018 Council Meeting Packet

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{00149157 12} 15. of such outlot. The parties shall cooperate in good faith to amend the open space easement as to each outlot, as and when further subdivided, to confine the open space easement as agreed upon by and among the parties. The terms and conditions of the open space easement shall be approved by the City prior to recording and, at a minimum, shall permit the City to utilize the above- referenced outlot areas in a manner consistent with the Parks and Open Space Plan set forth in Exhibit D hereof. Developer shall submit to the City, with each phase of development, a Restoration and Management Plan for that phase and City shall approve the Plan. Prior to the issuance of a grading permit for work within a given outlot, Owner is permitted to allow farming within the outlot, provided no manure, biosolids, or other offensive-smelling fertilizers are used. The City may, upon 6 months written notice, request the termination of all farming activity on any given outlot. The open space areas shall be platted as separate outlots, and the Homeowner’s Association Covenants and Restrictions shall prohibit any disturbance, cutting, clearing, or other work within the open space that is not expressly permitted by the Restoration and Management Plan. Until the respective parcels in which such open space areas are platted, Owner shall retain the right to farm the lands covered by the proposed easement and the right to perform grading pursuant to grading permits approved by the City. 7.3 Drainage and Utility Easements Standard drainage and utility easements in accordance with City requirements will be established on all lots and dedicated to the public on the final plat of each phase of the Development consistent with the approved Preliminary Plat or as otherwise agreed upon by and between the City and Developer. In addition, Owner will grant to the City and place in escrow drainage and utility easements across portions of Outlots E, G and K as depicted and described in Exhibit I and as would be necessary to construct the drainage outlet referenced in Section 5.2 hereof, as well as drainage and utility easements over the rights of way of Crane Drive, Watermark Way from Crane Drive to 20th Avenue North, and Forest Lane from Watermark Way to the north border of the Public Park. The legal description for the drainage and utility easements may be modified by Developer and the City to match the separate outlots shown on the final plat of each phase of the Development. 7.4 Trail Easements The Developer shall provide the City with trail easements over all proposed public trails with each phase. Such easements shall be no less than 20 feet in width based on trail centerline. Article VIII Parks and Park Dedication 8.1 Cash in Lieu Contribution The Developer shall pay a cash fee in lieu of park dedication at the time of subdivision approval of each phase. The present fee in lieu of park dedication is $3,000.00 per residential unit, but Developer acknowledges the City adjusts the charge from time to time, and Developer is responsible for payment of the per unit fee in place at the time of approval of a particular phase. Upon release of the deed for the Public Park from escrow and recording of the deed, as described in Section 8.2, Developer and/or Owner, as the case may be, shall either be (i) credited park