2019.04.03 EDC Packet - Laserfiche WebLink

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12 cooperate with and assist the Redeveloper in applying for and processing such applications. The Redeveloper shall be responsible for applying for and obtaining all land use and zoning approvals necessary for the Project. All zoning and land use approvals shall be by the City Planning Commission or City Council in accordance with the ordinances of the City. The Redeveloper may be required by the City to, at either at Closing or prior to the issuance of any permits, enter into one or more agreements, including, but not limited to, a Subdivision Agreement governing such things as public improvements, private improvements, timing, permitting, workmanship, warranties, survey controls, erosion control, street sweeping and other site development issues. Section 3.2. Platting. The Redeveloper, at its expense, shall prepare and process the final plat of the Property prior to Closing in accordance with applicable regulations. The Redeveloper shall pay the City regulatory fees associated with approval of the final plat. The City will reasonably cooperate with the Redeveloper is processing the final plat. Section 3.3. Master Association; Maintenance Agreement. Redeveloper shall create a master association (the “Master Association”) that will be responsible for some of the amenities within and adjacent to the Redevelopment Property. The Master Association shall be responsible for the installation and maintenance of irrigation, sod, landscaping and any monumentation within the public right of way. Redeveloper shall be responsible for these areas form the Date of Closing until the responsibilities are assigned (with thirty days written notice to the City) to the Master Association. Section 3.4. Control of Use. The Redeveloper may utilize deed restrictions, covenants, easements, agreements, architectural controls, owners’ associations and other means to control the use and to ensure the maintenance of the land within the Project. The Redeveloper shall submit any such instruments to the City for its review and approval. The Redeveloper shall pay all costs of preparation and recording of such instruments and any other documentation necessary for the acquisition, construction, leasing and sale of the Minimum Improvements. Section 3.5. Reciprocal Easement Agreement. If reasonably necessary for the development of the Project, Redeveloper shall, prior to Closing, enter into a Reciprocal Easement Agreement (“REA”) with the other adjacent land owners of the Development District to provide for shared use and maintenance of amenities, utilities and other improvements. The REA, if necessary, is subject to the review and approval of the City, which such approval shall not be unreasonably withheld, conditioned or delayed. Section 3.6. Building and Construction Permits; Fees. The Redeveloper shall comply with all applicable City building codes and construction requirements and shall be responsible for obtaining all building permits prior to construction. The Redeveloper shall pay the normal and customary permit, plan review, park dedication and utility access fees and shall be responsible for obtaining all building permits prior to construction.