CCP 11-12-2002 - Laserfiche WebLink

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. . . and traffic improvements, and after completion of the Phase II building construction and traffic improvements, D, A,U,A.R, Mitigation Plan. No development shall occur until the Alternative Urban Areawide Review (A,U.A.R,) Mitigation Plan has been approved, It is anticipated that the A. U ,A.R. Mitigation Plan will be approved prior to December 31, 2002. E, Drainage and Utility Plan. A revised drainage and utility plan shall be reviewed and approved by the City's consulting engineer prior to the issuance of grading permits for the Guidant Property. The approved drainage and utility plan shall be attached and incorporated as Exhibit C. F, Fernwood Street. At the present time, Fernwood Street is a public right- of-way, As part of the development of the Guidant Property, Fernwood Street will be reconstructed and reconfigured as a private road. In order to facilitate the transition ofFemwood Street from a public right-of-way to a private road, the City will vacate its easement over the easterly portion of Fernwood Street and will convey its fee interest in the westerly portion of Fernwood Street. It is anticipated that the vacation and conveyance of Fernwood Street will occur prior to approval of the Final Plat for the Guidant Property. Both actions of the City will be subject to the following conditions: I. Retention of easements, if any, for utilities which will remain within the original Femwood Street right-of-way; and 2, A declaration of restrictive covenants or other appropriate legal document, on forms approved by the City Attorney, which allows public use ofthe private right-of-way on weekends and between 6:00 p,m, and 6:00 a,m. on Monday through Friday, provided that Guidant shall retain the authority to rescind or modify the hours of public use, upon the consent of the City, if necessary to protect the safety of the Guidant Property or its employees. G. Amendment. The Master Plan PUD and/or the Final Plan PUD may be amended pursuant to the process defined in the City's development regulations and shall require City Council approval. The Development Agreement may be amended by written consent of the parties. H. Binding Effect. The terms and provisions of this agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all 4