Resolution 1996-39 - Laserfiche WebLink

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4. Effect of Non -Approval. This Agreement shall be null and void if the City fails to approve the annexation, zoning, and subdivision of the Property as described herein. 5. Annexation and Subdivision Fees. The City agrees to waive payment of any and all City fees, except those fees set forth in paragraph 3 above, that are associated with the annexation and subdivision of the Property. 6. Sales and Use Taxes. To the extent permitted by law, the City shall exempt the School District from the payment of City sales or use taxes on construction or development on the School Campus Parcel. This exemption shall not extend to construction on the Development Parcels by third parties not subject to the direction and control of the School District. A School District use of the Development Parcels should be similarly exempt. 7. Building Inspections. Building inspections of construction by the School District on the School Campus Parcel shall be performed by the State of Colorado and not by the City. The School District shall not request and the City shall not issue a certificate of occupancy for such School District construction. 8. Dedication Requirements. a. The City shall not require the School District or the owners or developers of the Development Parcels to dedicate any park land, open space, water rights, or cash in lieu thereof, related to the Property. The School Campus Parcel design itself promotes open space and park -like environments. The School District and the City will enter into an agreement to permit use by residents of the City of the ball fields and open space on the Property subject to Policies and Regulations of the School District as they may be modified from time to time. No trails shall be required to be dedicated to the City; the School District shall install connecting sidewalks to school buildings and coordinate the sidewalks on the School Campus Parcel with the pedestrian underpass to be constructed by the City under 88th Street. The School District shall dedicate up to sixty feet (60'), as requested by the City, of road right-of-way on its Property for construction, improvement and maintenance of South 88th Street and associated City utilities to the intersection of Health Park Drive. South 88th Street will be constructed by the City at the City's sole expense as a two-lane roadway, with median and with appropriate additional acceleration, deceleration and left -turn lanes. There June 27, 1996 BVSD\GEN\BVSD2.RAE 3