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PROJECT IMPLEMENTATION-RIGHTS AND OBLIGATIONS
<br /> RC SUPERIOR
<br /> I. No Ovemized Facilities.Developer shall not be required to construct any oversized facilities foraoy 10. Site Specific Development.Plans.Each subdivision plat,Final Development Plan and application for 12275 El Camino Real
<br /> property west ofMCCasliv Boulevard.Oversized facilities means any public improvement(including the Public rezoning of the Property that Developer orony Successor Developer submits to the Town subsequent to the Suite 100
<br /> Improvements as defined herein)required by the Town to be larger than that required to serve the Project. Effective Date will beeligibk for vested property rights for the remaining amount of the vested rights term Sal Diego,CA 92130
<br /> established in this Plan.
<br /> 2. Town Approval.Any time Developer oravy Successor Developer is required to submit to the TOWEL any
<br /> Public Improvements to the Town for conditional or final acceptance of such Public Improvements,the Town will 1t. No Obligationto Develop.Notwithstanding anything to thecontmry in this Plan,Developer will have no
<br /> administratively approve or disapprove such Public Improvements,as a ministerial act,witbow.approval of the obligation to Develop all or any Portion of the Project and will have no liability under this Plan or the Development This Plan constitutes
<br /> Planning Commission or the Town Board being required for boFnt to the Town or to any other Party for its failure to Develop all or any part of the Project unless provided site specific
<br /> 3. Coal Creek Drive Access.The sown established Neim rtaaeofcomeetiv the Project to existing ez m a Final Development Plan or any otheragreemei executed by the Town and Developer and then only to the development plan as
<br /> Ia 8 jets 8 tent and with respect to the applicable property that is subject to the Final Development Plan or other any other defined in Section
<br /> neighborhoods to the south and identified the general location of the connection on the southeast corer of the agreement.
<br /> Property(the"Coal Creek Drive Access")for saws from the Project to Coal Creek Drive.The Town will not 24-68-101,et,seq.,
<br /> impose the requirement that Developer provide access to Coal Creek Drive unless the Town acquires the Coal 12. Site Spaific Development Plan.Pursuant to Section 16-12-80(b),this Plan has been approved by the Town C.R.S.,and Chapter 16
<br /> Access Creek Drive Acs for such access.Developer will advance to the TOwe the costs incurred by the Town in Board and is a site specific development plan vesting property rights in Developer.By approving this Plan,the of the Superior
<br /> acquiring the Coal Creek Drive Access.In addition to the costs of land acquisition Developer will be responsible Town aclmowledges that all of the terns and conditions for the creation of the vested Property right described in Municipal Code,
<br /> for the cost of the design and construction of de improvements f such access,and all such costs shall be havebe0(includingthe requirements for all of the documents alined to in Section 16-12-50(a)of the Town Code)
<br /> reimbursable puauanf to a reimbursement agreement with the TOwnthat will be funded from future development have been satisfied,subject to any requirements for publishing after the Effective Date.Following the Effective available at the
<br /> of such olTaite(intervening)property. Dare,the Town shall promptly publish notice es prodded in Section 1612-500)of the Town Code. Superior Town Hall,124
<br /> 4. Marshall Road Structure.Developer will use commercially reasonable efforts to obtain all approvals and 13. School Impact Fees.Developer shall dedicate land for schools or pay fee-in-lieu of dedication of land in East Coal Creek Drive,
<br /> permits for a structure to wry Marshall Road over Coal Creek in the approximate location depicted herein.The accordance with the Amended and Restated Development Agreement between among others,the Town and Superior,Colorado.This
<br /> Town shall cooperate with Developer in soppordng such efforts to obtain the approvals and permits as Developer Developer(the"Development Agreement').Such dedication or the
<br /> may from time to time reasonably provided that Developer hall all costs and ex d in such pthoe has or dedications in lkuorsthicatithtcssy in PD incorporates Guidelines
<br /> es
<br /> Y 1 d and the construction of the structure,which construction shall not be mounted until otbenin be required land dedication odonlimpacf tees or any other few or dedications fur schools that may Design Guidelines
<br /> all apps is ad e permitting obtained and then only connection with tbeapproval future FDP.required otherwise be required order the Town Code. Supplement by
<br /> approvals pertoi ty ill,De erase
<br /> Developer is itiabmceoumorovalsandpy to a,ieveloper wbl levels sate weNteTpweient roads, 14. Inrergovernmental
<br /> eteen to To and the CitaofLuisvAmadmev[tobtergppemum number of square and such certain alternative 011 not t fit mitigation FD if necessary achieve acceptable
<br /> is unable to obtain soh approvals and the `Pro AmaMmistanganenHg dOwvandthe City on pciiosofthe Prpuybeme certificates fmtmber occupancy upple Guidelines
<br /> Town will fail to approve any FDP solely because the Developer is wableteobtain all such approvals and aeet ofrted fsales-mxgeumbirgfresidpma dwelling uciuioeopouioe f ProsoyTo enteetnth onsiddnt art o the of
<br /> Permits, are ed re a comer mwbe elopm devtibl bod such within po s portion of Fe Pr Amendment the he sole reh er part of the
<br /> 5. Lift Station.The Town will use commercial) nableefforts to obtain alla als and tsbra available"'s'ontareenooretor nnco pliancewib suchprysuchpilt be withhod gstuanceo Toifitn ncf considered PD.the commercially CLpp permits foeTOdemialanclingu nth snchprnumst.otbe are satisfied uordsete with 3(
<br /> sanitary sewer will be usthe"proidation')in smite approximate location an of the poact C Lift Se Ton.Developer herein. occupancy furendc,cial dwelling wits until the minimum standards are satisfiedin aaurdancewith Section 3(b)
<br /> The Lift Station with used in suppingsewechervice mthe ai the and other and per it as Town.Developer Ofthe First Amendment
<br /> tine cooperate with bly TOwot supporting such Town to obtain the approvals and ant permits as the Town may from
<br /> weermiie reasonably pmteerequwt provided tlatthe Town shall pay as costs and expenses incurred in such approval Ag ncct be Terms. ngot"Development e, e and Developer.Any terms that Development and
<br /> and permitting process. Pllreemnentedweedarmon8 evelo the to rant mshall ha Any meanings terms that arehtedefinede this
<br /> 6. Special Districts.The Town acknowledges that Developer form one or more Districts for the Penbpmem Agne eneL Development Agreement shall have themeanings aevgedmanch terms is the
<br /> dg Per°aY erne use Development Agreement. ^'
<br /> of providing The e Dhiwor services itthe Property,
<br /> g, independemly ma tesnce Developer's p igoaorwsigeee under cc
<br /> this ovet The andthctsmubl otarefiencing,cjt for and maintenance on cny public
<br /> ecme owtrueue II.J
<br /> ®provemes Pan,including of fst Project f water Developer are seen Ybaomen drainage the
<br /> terms a this Plan iutiuding and construction rov me pado,water
<br /> th lira,sanitary sewer lines,swum dmiege Z
<br /> withhold and utilities sne Pubh Improvements y new such Di the Property.y The subsequent bOwv tll not un ings to ty z
<br /> consooHits eDisOl to.Fur ere,the To anyvsw tsuch Dittso ceuyen Oef del proceedings a II.J z
<br /> consolidate a the ttedby law Fuller,the Toroth their that such Districts may the pro psi and all powers and z
<br /> foaeo o perry.I low in accordance with Ne'v aersuce pions,including theprpptsiovoffacilifiw and services U
<br /> to the Property.I WC
<br /> rven
<br /> 7. Vested Rights Created.This PD Adment constaures a she specificdevebpmeet plan as defined in z G
<br /> CR.S.§24-68-10t,el seq.,and Chapter 16 of the Town Code,and shall create vested property rights for thirty(30) 0
<br /> month from the Effective Date of the approval of this Plan,which vested property rights may he extended pursuant
<br /> to Section O.The vested property rights include the rights identified below: O z
<br /> (a)The right to Develop,plan and engage in land uses within the Property in the order as set forth in the H II.f
<br /> Town Center Plat and the PD Plan and upon approval by the Town any Final Development Plan or rezoning, e
<br /> including the uses,density and intensity of use. a/ G/
<br /> (b)The right to have the PD Plan and existing zoning and approved rezoning to remain valid for the term 0 <
<br /> of the vested property rights established by this Plan.
<br /> 0-
<br /> (c)The right to apply for and,upon compliance with the tarns and conditions of the PD Plan and any
<br /> Final Development Plan and any terms of the Tom Code or other applicable regulations adopted by the Town
<br /> o SMDt,as wended,to receive grading permits,building permits,water taps,sewer rep f,,certi arcs of II.J
<br /> occupancy,and other pewits necessary f Development,construction and occupancy of amprovemets within d
<br /> the Project. D
<br /> 8. Extension of Vested Property Rights.In recognition of the henefif the Tama will derive from development
<br /> of the Project,the sire of the development contemplated under this Plan,the substantial investment and time
<br /> required to complete the development of the Project and related infrastructure and public facilities,the aeticipafed
<br /> phased development of the Project over an extended period under cuneet market conditions,and the possible
<br /> impact ofecowmic cycles and varying market conditions diming the course of Development that might further
<br /> extend the build-out period the vested property rights contemplated by this Section shall be extended for an
<br /> additional two hundred tee(2t0)months((i.e.,fora total of 240 month from the Effective Date)if Developer
<br /> completes the Phase One Public Improvements within thirty(30)months from the Effective Date The Phase One
<br /> Public tmpravemees shall be deemed complete when all of tie Phase One Public Improvements have been
<br /> campkted in substantial compliance with the plans and spetificaioes approved by the Town("Substantial
<br /> Conf nce").The Developer shall notify the Town Manager when Substantial Confowance has been satisfied ,
<br /> ("Notice of Substantial Codf ce').The Tone Manager will det ermine,based upon reasonable engineering
<br /> judgment,whether all of the Phase One Public Improvements have here constructed in substantial compliance with
<br /> the plans and specifications approved by the Town("Conditional Acceptance'),all in accordance with the teems of PROD.NO. -
<br /> this paragraph.The Town Manager will provide written notice of Conditional Acceptance("Notice of Conditional
<br /> DRAWN: AH
<br /> Acceptance')after ance,the g the review.If the Town Manager determines that opcannot issue his a spec Of
<br /> reasons wh the e Phase One Town ManagnNall droddewsafevnotice onform Developer appmvebrcoes and relic APPROVE:PMK
<br /> why("Posse of Non-Conformance"),to a " ado not theDeaayconformathe aeprovedpoesheel APPROVED:PMK
<br /> Public once.dfgowNee One Pubic Impeenmeto complete the Pave One
<br /> Public pal Conform in Saber the Conformance.pt ofPewoOdefNocImprovementsn are the completed in
<br /> AUGUST 2013
<br /> issues his aloonf Conformance AceptutcearaeictpttheNviceer's Non-Conformance if ConfomsMaeger
<br /> issues his Notice of Conditional)Acceptance after Developer of Developer's Notice aFSubetialC Conformance. the OS-07-2013 1ST DPW,
<br /> extension shall be effective as of the date the Developer submitted its Notice of Substantial C e. Os es-m RE-SUBMITTAL OF 1ST DRAFT
<br /> 9. FDP for Phase One Public Improvements.The thirty(30)month term ofth vested rights has been agreed to _ an
<br /> by Developer in reliance upon Tour's agreement to expedite its review of the application for the FDP in which the O7-17-2013 GENERAL REVISIONS
<br /> Phase One Public Improvements is included(the"Phase One Public Improvements FDP')as provided in this 07-24-2013 GENERAL REVISIONS
<br /> paragraph.The Town will be deemed to have expedited its review only if the Town Board acts upon the Phase One M-15-2013 GENERAL REastox
<br /> Public Improvements FDP within ninety(90)days following after Developer has filed a complete application for ■
<br /> the Phase One Public Improvements FDP.The Phase One Public Improvements FDP shall be deemedremplte if
<br /> it complies with the requirements of an application for an FDP in the Town Code and the PD Plan.The Town shall I
<br /> notify Developer within twenty(20)days following its receipt of the applcAion if the Town deems the application SHEET TIRE:
<br /> to be ivcomplere,which notice shall specify in reasonable detail the nature of the deficiency.If the Developer
<br /> disagrees with the Town's determination Developer shall notify of such disagreement.Thereafter,the Parties will PROJECT
<br /> use good faith etforts to resolve such disagreement expeditiously and the thirty(30)month period for completion of
<br /> the Phase One Public improvements set forth in Section 12 will be tolled while the Parties resolve their IMPLEMENTATION
<br /> disagreement.If the Town viobtes its obligation to expedite its review of the Phase One Public Improvements RIGHTS&
<br /> FDP,then the Vested Rights period set forth herein shall be extended from thirty(30)months to five(5)years from
<br /> the Effective Date,and the Voted Rights contemplated herein shall be extended for an additional fifteen(15)yenta OBLIGATIONS
<br /> (i.e.,fora total of 20 years or 240 months born the Effeutive Date)if Developer completes the Phase One Public
<br /> Improvements within five(5)years from the Effective Date
<br /> SCALE:
<br /> SHEET NUMBER
<br /> PI.0
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