ORD 2309 - Laserfiche WebLink

Section 3.2 Developer Obligations. Developer shall comply with all of the requirements set forth below: a. Design and complete grading for the Project in a manner that minimizes the grade differential between the Project's westerly lots and the abutting easterly lots within the Village at Ironwood subdivision; to satisfy this obligation, Developer shall perform the foregoing work in substantial conformance with the approved plans dated February 2026 (collectively, the "Approved Plans") and as otherwise set forth in the Project Approvals and Subsequent Approvals. b. Design and construct an approximately 0.7-acre private park with an overlying public access easement within the Project Site, as set forth in more detail on Sheet L2 of the VTM. Developer shall be solely responsible for all costs associated with the design, installation, and ongoing maintenance of the Park, which shall be in substantial conformance with Sheet L2, except if and to the extent the Parties mutually agree to modify the foregoing. The Park shall be substantially completed, to the satisfaction of the City Engineer, no later than issuance of the certificate of occupancy for the one hundred (100th) residential unit in the Project (including model homes but exclusive of JADUs), except that the Director of Community and Economic Development may extend this to no later than the one hundred fiftieth (150th) residential permit, upon request by Developer and should the Director of Community and Economic Development make the determination that completing and opening the Park to use at that time would present an unacceptable health and safety risk to the users of the Park (for example, due to construction activity). Developer shall provide City with a public access easement in recordable form over the area upon which the Park will be constructed, in a form reasonably approved by the City Attorney. "Substantially complete"for purposes of this subsection (b) is defined to mean the Park improvements have been installed pursuant to this subsection (b) and available to be used for the intended purpose but City's final inspection has not yet occurred. c. Design and install (1) a trail extension from the Project's "Street A" to the area just north of Lot 161 along the project's northern property line, as well as (2) a trail extension from the property line just north of Lot 161 to Mohr Avenue at the Irongate Drive intersection, within the same easement area as the public utility corridor located north of the Village of Ironwood, which trail extension is identified in the 2019 Trails Master Plan Figure 3-2, as set forth in more detail on Sheet C4.1 and C5.3 of the VTM (collectively, the "Trail Extension"), which shall be dedicated to City in fee. Notwithstanding anything to the contrary in the foregoing, the portion of the Trail Extension to be located from the property line to Mohr Avenue at the Irongate Drive intersection shall be subject to the grant of the necessary easement to City by Zone 7 or other procurement of property rights to the same by City or Developer. Developer shall be solely responsible for all costs associated with the design, installation, and ongoing maintenance of the Trail Extension through the Maintenance CFD. The Trail Extension shall be substantially completed, to the satisfaction of the City Engineer, no later than one (1) year after both of the following have occurred: (i) the required easement from Zone 7 has been recorded, and (ii) all required approvals, entitlements and permits necessary to install the Trail Extension (including approval of related improvement plans by City and Zone 7) have been obtained. "Substantially complete" for purposes of this subsection (c) is defined to mean the required Trail Extension improvements have been installed pursuant to this subsection (c) and available to be used for the intended purpose and City's final inspection has occurred. 9