1. Prior to the recordation of the first final plat subdividing all or part of the Property, Owner shall form a homeowners’ association (“HOA”) for the Property, with said HOA owning and maintaining all open space areas; common areas, and all amenities and enhancements described in Ordinance 2021-1505, except that the HOA shall not own, any of the enhancements or amenities located within right-of-way conveyed to the City of Goodyear in fee, but shall be responsible for maintaining such amenities and enhancements. With respect to the paths and trails the HOA is responsible for maintaining, the HOA shall ensure that they are cleared, visible, and safely accessible to all users. The HOA shall also be responsible for maintaining all landscaping within the street right-of-way within or abutting the Property except for landscaping within medians located within any arterial street. A note shall be placed on each final plat including all or part of the Property indicating HOA ownership and/or maintenance responsibilities of these private tracts and public rights-of-way landscaping as set forth herein; and 2. As a condition of the rezoning of the La Privada Property, Owner/Developer is required to construct a 6.5-acre centralized park located at the heart of the Property that provides localized usable active open space area and that includes all of the following resident and recreational amenities:
· An outdoor community center that provides a covered and connected community space that surrounds a centralized event lawn on three sides. The outdoor community center shall not be a ramada structure, but shall be designed to feel like a unified outdoor building. The back side of the community center (i.e. the side not adjacent to the centralized event lawn) shall be constructed to have the feel of a solid wall but does not have to be a solid wall. The outdoor community center shall be designed to provide areas that are separated from one another that allow for small and large group gatherings and/or that provide for entertainment activities such as ping pong, pool, and areas to play board games;
· Shaded or trellised areas with seating, which shall be clustered adjacent to the community center and/or centralized event lawn;
· Areas for activities such as cornhole, bocce ball and the like, which shall be located adjacent to the community center and/or centralized event lawn;
· Kitchen preparation facilities with a built-in counter top sink and a minimum of two gas barbecue grills, which can be located either within the outdoor community center or under a shaded or trellised structure;
· A splash pad fountain with shaded perimeter seating;
· An area with a fireplace and fire pits that provides for seating;
· Sports courts such as basketball courts, tennis courts, pickleball courts and the like, which shall be located adjacent to the Outdoor Community Center and/or centralized event lawn;
· A multi-use turfed field;
· Amphitheater seating;
· The resident and recreational amenities to be provided as set forth above may be modified subject to the determination of the City of Goodyear Zoning Administrator, at his sole discretion, that the alternatively proposed resident and recreational amenities shall collectively be of an equal or greater quality to those described above; and
The location of centralized park is not located within the Property, but is anticipated to be located within Tract 3-A reflected on the Preliminary Plat for La Privada Parcels 3 & 7 approved by the Goodyear City Council on September 27, 2021. No Temporary Certificates of Occupancy, Certificates of Occupancy or Certificates of Completion shall be issued for any structure within the Property, except for model homes, until the 6.5-acre centralized park described herein has been substantially completed as determined by the City of Goodyear Building Official or his designee or are under construction and bonded for completion as approved by the City of Goodyear Zoning Administrator; and 3. A raised and landscaped median island, which shall be owned by the City but maintained by the HOA, shall be constructed within 183rd Avenue in front of the centralized park and community center. The HOA shall be responsible for maintaining the median and landscaping pursuant to terms and conditions approved by the City Attorney or designee; and 4. As a condition of the rezoning of the La Privada Property, Owner/Developer shall construct an 8-foot decomposed granite bridle/equestrian trail along the eastern boundary of the Property. The bridle/equestrian trail shall be owned and maintained by the HOA that is to be formed, but shall be available for use by the general public. An easement, in a form acceptable to the City Attorney or his designee, that allows for such public use over the portion of the bridle/equestrian trail that is to be constructed as provided herein shall be dedicated to the City prior to or concurrently with the recordation of the first final plat subdividing all or part of the Property. No Certificate of Completion, Certificate of Occupancy or Temporary Certificate of Occupancy for any structure, except for model homes, located within Parcel 1 of the Property shall be issued until the portion of the bridle/equestrian trail located within the portion the tract adjacent to Parcel 1 has been completed. No Certificate of Completion, Certificate of Occupancy or Temporary Certificate of Occupancy for any structure, except for model homes, located within Parcel 2 of the Property shall be issued until the portion of the bridle/equestrian trail located within the portion the tract adjacent to Parcel 2 has been completed; and 5. Owner/Developer shall construct a 6-foot paved pedestrian trail/path along the western bank of the Emergency Conveyance Channel, which shall have trail markers and include fitness stations and provide a minimum of four (4) informal gathering and resting stations. The paved pedestrian trail/path along the western bank of the Emergency Conveyance Channel shall be constructed when the Emergency Conveyance Channel is constructed. The paved pedestrian trail/path along the western bank of the Emergency Conveyance Channel shall be owned and maintained by the HOA that is to be formed as described in stipulation 1 above, but shall be available for use by the general public and an easement shall be dedicated to the City of Goodyear, in a form acceptable to the City Attorney or his designee, that allows for such public use; and 6. As a condition of the rezoning of the La Privada Property, Owner/Developer is required to construct paved 5-foot wide off-street paths/trails (i.e. the trails/paths are not adjacent to public right-of-way) within the La Privada Property that interconnect the development parcels and connect all the development parcels to the 6.5-acre park located within La Privada Parcel 3 and 7 as well as the 6-foot paved pedestrian trail and the 8-foot decomposed granite bridle/equestrian trail The paths and trails described herein shall be completed prior to the issuance of any Certificate of Completion, Certificate of Occupancy, or Temporary Certificate of Occupancy for any structure, except for model homes, within a final plat where such path or trail is to be located. The paths and trails referred to herein shall be owned and maintained by the HOA; and 7. All final plats subdividing all or part of the Property shall identify as easement areas all areas identified as “Vehicular Pavers with Concrete Banding” in the conceptual landscape plans submitted with the preliminary plat submittal documents that are located within what will be public right-of-way. These areas shall be labeled “Enhanced Pavement Easement” or “EPE”) in the final plat and an easement shall be dedicated to the HOA that requires the HOA to maintain the enhanced paving improvements. All enhanced paving improvements that are to be constructed within property included in final plats subdividing all or part of the Property shall be pavers, colored concrete or stamped concrete constructed within public roadways; and 8. All final plats subdividing all or part of the Property shall identify as easement areas all areas identified as “Equestrian Trail” in the conceptual landscape plans submitted with the preliminary plat submittal documents that are located within what will be on Tract 1-A and Tract M-A. These areas shall be labeled “Equestrian Trail Easement” or “ETE”) in the final plat and an easement shall be dedicated to the HOA that requires the HOA to maintain the equestrian trail and permit public access; and 9. The construction drawings for final plats subdividing all or part of the Property shall be consistent with the conceptual landscape plans submitted with the preliminary plat submittal documents, which include the following Streetscape Elements:
a. Provide Detached Sidewalks – 5-and-one-half-foot-wide planter adjacent to all roads in interior of the development except for minor collector roadways within the interior of the development which may have a 4-foot-wide planter adjacent to a decomposed granite path; the HOA shall maintain landscape strips (as is shown on the Preliminary Plan and Landscape Plans); and
b. Provide Additional Streetscape Elements – Decorative pavers, colored concrete and/or stamped concrete shall be used at all entryways into the development parcels off of 183rd Avenue and Lilac Street (as is shown on the Preliminary Plat and Landscape Plans) as set forth in stipulation 7 above; and
c. Provide West Goodyear Streetscape Designs –
i. Shaded agrarian seating areas shall be provided within the development (as is shown on the Preliminary Plat and Landscape Plans); and
ii. The signage at the primary and secondary entry monuments will read “West Goodyear” in a minimum of 10-inch letters (as is shown on the Preliminary Plat and Landscape Plans); and
10. Decorative pavers, colored concrete and/or stamped concrete shall be used on all driveways on all lots within the development (between the sidewalk and the house); and 11. Unless a 7.53-acre tract has been conveyed to the Liberty Elementary School District, the first final plat subdividing all or part of Parcel 1 as shown on the Preliminary Plat shall include a 7.53-acre tract or lot adjacent to the northeast corner of the 183rd Avenue and Lilac Street alignment (formerly the Harrison Street alignment), which shall not include any part of the dedicated right-of-way (the “School Site”). The final plat that includes the School Site shall include a reservation that it is to be conveyed to the Liberty Elementary School District for the development of a school unless the Liberty Elementary School District advises the City of Goodyear Zoning Administrator in writing that it does not intend to develop the tract as a school site. The final plat including the School Site shall include a temporary maintenance easement granted to the HOA that requires the HOA to maintain the site until the School Site has been conveyed to the Liberty Elementary School District or the reservation terminated. City staff shall provide the Liberty Elementary School District a copy of the recorded final plat that includes the School Site; and 12. The following shall be added as notes on each final plat that includes any portion of the Property:
a. The Property is in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses and all Public Sales Report(s) applicable to any portion of the Property shall include this disclosure; and
b. The Property is subject to noise, cheering, paddles making contact with balls, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like and all Public Sales Report(s) applicable to any portion of the Property shall include this disclosure; and
c. The Property is subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base and all Public Sales Report(s) applicable to any portion of the Property shall include this disclosure; and
d. The HOA shall own and is responsible for maintaining all private open space areas; common areas, and all amenities and enhancements described above, except that the HOA shall not own, any of the enhancements or amenities located within right-of-way conveyed to the City of Goodyear in fee, but shall be responsible for maintaining such amenities and enhancements. With respect to the paths and trails the HOA is responsible for maintaining, the HOA shall ensure that they are cleared, visible, and safely accessible to all users. The HOA shall also be responsible for maintaining all landscaping within street right-of-way within or abutting the Property except for landscaping within medians located within any arterial street. Notwithstanding the foregoing, any portion of the Maricopa Trail located within right-of-way conveyed to the City shall be maintained by the City; and
e. Signage shall be posted within all sales offices and, if any, all rental office offices that the Property is: in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
f. Signage shall be posted within all sales offices and, if any, all rental office offices identifying the location of the Luke Air Force Base: Accident Potential Zones (APZs), 65 Ldn and higher noise contours, departure corridors, and vicinity boundary. This display shall include a 24-inch x 36-inch map at the main entrance of such sales and rental offices and shall include the approximate locations of the Luke Air Force Base: Accident Potential Zones (APZs), 65 Ldn and higher noise contours, departure corridors, and vicinity boundary and all of the buildings on the Property; and
g. Owner shall obtain from all initial homebuyers an executed acknowledgement and waiver that runs with the land that includes the following:
i. Buyer(s) acknowledge that the lot being purchased is subject to attendant noise, vibrations, dust, and all other effects that may be caused by over flights and by the operation of aircraft landing at, or taking off from, Luke Air Force Base, and hereby releases and discharges the City of Goodyear from any liability for any and all claims for future damages to persons or property and complaints of any kind that may arise at any time in the future from the operation of such aircraft near and over the lot being purchased; and
ii. Buyer(s) acknowledge that the lot being purchased is in close proximity to agricultural uses and operations and may therefore be subject to noise, dust, and odors associated with such uses, and hereby releases and discharges the City of Goodyear from any liability for any and all claims for future damages to persons or property and complaints of any kind that may arise at any time in the future from agricultural uses and operations near the lot being purchased; and
iii. Buyer(s) acknowledge that the lot being purchased is in close proximity recreational amenities that are subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like and hereby releases and discharges the City of Goodyear from any liability for any and all claims for future damages to persons or property and complaints of any kind that may arise at any time in the future from recreational uses and operations near the lot being purchased; and
h. Owner who rents more than one residential unit within the Property shall obtain an executed acknowledgment from each tenant in which the tenant acknowledges that the residential unit they are renting is: in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
13. The placement, design, construction and maintenance of all walls and fencing within the subdivision shall be in accordance with Article 5-2 (Walls, Fences) of the city of Goodyear Zoning Ordinance. If provided, walls and fences shall have a maximum height of eight feet. Retaining walls, if constructed, shall be included in the calculation for maximum height; and 14. Prior to recordation of the first final plat subdividing all or part of the Property, if not already paid to the City, Owner shall remit a cost recovery payment to the City in the amount of $231,022.18 pursuant to the Cost Recovery Resolution of Intention No. 06-1064 as amended by Resolution No. 14-1621 and Resolution No. 16-1747 (the “Cost Recovery Resolution – Water Delivery Lines”) for regional water delivery line E that has been fully constructed and regional water delivery line F that has been partially constructed. No building permits for any structures within the Property shall be issued until this payment has been received by the City; and 15. Prior to recordation of the first final plat subdividing all or part of the Property, if not already paid to the City, Owner shall remit a cost recovery payment to the City in the amount of $1,586,284.03 pursuant to the Cost Recovery Resolution of Intention No. 06-1065 as amended by Resolution No. 14-1622 and Resolution No. 16-1748 (the “Cost Recovery Resolution – Wastewater Trunk Lines”) for regional wastewater lines B, E, I, J and K that have been fully constructed. No building permits for any structures within the Property shall be issued until this payment has been received by the City; and 16. Unless the following water lines and wastewater lines have been fully constructed or are under construction by others when the first final plat subdividing all or part of the Property is recorded, Owner/Developer shall construct and/or complete the construction of the following water delivery lines identified in the Cost Recovery Resolution – Water Delivery Lines as benefitting the La Privada Property and the following wastewater trunk lines identified in the Cost Recovery Resolution – Wastewater Trunk Lines as benefitting the La Privada Property:
a. Construct Wastewater Trunk Line N
Regardless of who is constructing the foregoing water delivery lines and wastewater trunk line, no building permits for any structures within the Property shall be issued until all of the foregoing water delivery lines and wastewater trunk line have been completed and accepted by the City Engineer of his designee subject to completion of the two-year warranty period; and 17. If Wastewater Trunk Line N has been or is being constructed by others when the first final plat subdividing all or part of the Property is to be recorded, if not already paid to the City, Owner shall make a cost recovery payment for its proportionate share of the costs of Wastewater Trunk Line N pursuant to the Cost Recovery Resolution – Wastewater Trunk Lines prior to the recordation of the first final plat subdividing all or part of the Property. The amount of the cost recovery payment owed shall be based on the actual cost of Wastewater Trunk Line N if it has been completed and the actual cost of the Wastewater Line documented and approved by the City Engineer. If Wastewater Trunk Line N is under construction but has not been completed, or if the actual cost of Wastewater Trunk Line N has not been documented and approved by the City Engineer, the amount of the cost recovery payment shall be $644,282.70, which is the amount reflected in the Cost Recovery Resolution – Wastewater Trunk Lines as the proportionate share of Wastewater Trunk Line N attributable to the La Privada Property. No building permits for any structures within the Property shall be issued until this payment has been received by the City; and 18. If Water Delivery Line C has been or is being constructed by others when the first final plat subdividing all or part of the Property is to be recorded, if not already paid to the City, Owner shall make a cost recovery payment for its proportionate share of the cost of Water Delivery Line C pursuant to the Cost Recovery Resolution – Waster Delivery Lines prior to the recordation of the first final plat subdividing all or part of the Property. The amount of the cost recovery payment owed shall be based on the actual cost of Water Delivery Line C if it has been completed and the actual cost of the Water Delivery Line C documented and approved by the City Engineer. If Water Delivery Line C has not been completed, or if the actual cost of Water Delivery Line C has not been documented and approved by the City Engineer, the amount of the cost recovery payment shall be $149,469.09, which is the amount reflected in the Cost Recovery Resolution – Water Delivery Lines as the proportionate share of Water Delivery Line C attributable to the La Privada Property. No building permits for any structures within the Property shall be issued until this payment has been received by the City; and 19. If Water Delivery Line D has been or is being constructed by others when the first final plat subdividing all or part of the Property is to be recorded, if not already paid to the City, Owner shall make a cost recovery payment for its proportionate share of the cost of Water Delivery Line D pursuant to the Cost Recovery Resolution – Waster Delivery Lines prior to the recordation of the first final plat subdividing all or part of the Property. The amount of the cost recovery payment owed shall be based on the actual cost of Water Delivery Line D if it has been completed and the actual cost of the Water Delivery Line D documented and approved by the City Engineer. If Water Delivery Line D has not been completed, or if the actual cost of Water Delivery Line D has not been documented and approved by the City Engineer, the amount of the cost recovery payment shall be $272,096.31, which is the amount reflected in the Cost Recovery Resolution – Water Delivery Lines as the proportionate share of Water Delivery Line D attributable to the La Privada Property. No building permits for any structures within the Property shall be issued until this payment has been received by the City; and 20. Owner/Developer is responsible for constructing all drainage facilities required to convey, retain, and/or otherwise dispose of on-site storm-water run-off and storm-water run-off from adjacent streets and all drainage facilities required to convey and dispose of off-site storm water run-off from north of the La Privada Property as generally described in that certain document titled La Privada Conceptual Drainage Map declared a Public Record by Resolution No. 2021-2165, and which is referred to and made a part hereof as if fully set forth herein (the “Drainage Map”), including an Emergency Conveyance Channel through the La Privada Property that is approximately 95-feet wide. Owner/Developer shall complete the Emergency Conveyance Channel, prior to the issuance of any Certificate of Completion, Certificate of Occupancy or Temporary Certificate of Occupancy for any structure, except for model homes, within the Property. The drainage facilities, including the Emergency Conveyance Channel, shall be owned and maintained by the HOA; and 21. Prior to recordation of the first final plat subdividing all or part of the Property, Owner shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to the entire La Privada Property zoned by Ordinance 2021-1505 and request that any assured water supply credits issued by ADWR as a result of any such extinguishment be credited to the City of Goodyear; and 22. All enhanced pavement and landscaping within the City of Goodyear right of way shall be within an Enhanced Pavement Easement, in which the HOA shall have the responsibility to maintain, and shall be noted on the Tract Table in the Final Plat; and 23. Prior to recordation of the first final plat subdividing all or part of the Property within the Pre-plat, Owner shall provide the City, at no cost to the City, and in a form approved by the City Attorney or designee, a utility and access easement along the north half of the W. Lilac Street alignment (formerly known as W. Harrison) for a public water line Owner is required to construct; and 24. The owner shall dedicate by separate instrument any drainage easements necessary to accommodate interim drainage conditions due to phasing of the development. All drainage easements required with development shall be recorded prior to the Final Plat recordation that triggers the need for the required easements; and 25. Owner/Developer shall construct full half-street improvements required for a Major Arterial as set forth in the Engineering Design Standards and Policies in effect at the time of construction for the section of S. Perryville Road along or abutting the western boundary of the Property, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Perryville Road Improvements”). Except as otherwise provided in a written development agreement approved by Council or a written phasing plan approved by the City Engineer or his designee, the Perryville Road Improvements shall be completed prior to the issuance of any Certificate of Completion, Certificate of Occupancy or Temporary Certificate of Occupancy for any structure, except for model homes, within the Property; and 26. Owner shall remit to the City an in-lieu payment for one-half the cost of a full median and one-half the cost of full-median landscaping for the median that is to be installed within the section of S. Perryville Road along or adjacent to the frontage of the Property. The in-lieu payment for the median and median landscaping shall be based on the actual cost of the full median and full median landscaping if completed or the estimated cost of the full median and full median landscaping as determined by the City Engineer or designee, and it shall be paid prior to the recordation of the final plat subdividing all or part of the Property; and 27. Owner/Developer shall construct full half-street improvements required for a Minor Collector as set forth in the Engineering Design Standards and Policies in effect at the time of construction for the south half of the section of Lilac Street (formerly W. Lilac Street) along or abutting the Property (i.e. between Perryville Road and 183rd Avenue), including, but not limited to, pavement, curb and gutter, landscaping, sidewalks, street frontage landscape and landscape irrigation, and street lighting, and Owner/Developer shall construct additional improvements to the north half of the section of W. Harrison Street between Perryville Road and 183rd Avenue identified in a Traffic Impact Analysis approved by the City Engineer or his design as being needed to accommodate the traffic that will be generated by the development of the Property (collectively the “Harrison Street Improvements”). Except as otherwise provided in a written development agreement approved by Council or a written phasing plan approved by the City Engineer or his designee, all of the Harrison Street Improvements (i.e. between Perryville Road and 183rd Avenue) shall be completed prior to the issuance of any Certificate of Completion, Certificate of Occupancy or Temporary Certificate of Occupancy for any structure, except for model homes, within the areas identified as Parcels 1, 2, 4, 5, and 6 in the Land Use; and 28. Owner/Developer shall construct full street improvements (i.e. improvements to the east and west sides of 183rd Avenue) required for a Minor Collector, as set forth in the Engineering Design Standards and Policies in effect at the time of construction, for the section of 183rd Avenue located within the Property (i.e. between Yuma Road and Harrison Street), including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “183rd Avenue Improvements”). Except as otherwise provided in a written development agreement approved by Council or a written phasing plan approved by the City Engineer or his designee, the 183rd Avenue Improvements shall be completed prior to the issuance of any Certificate of Completion, Certificate of Occupancy or Temporary Certificate of Occupancy for any structure, except for model homes, within the Property; and 29. Prior to recordation of a final plat that incudes any portion of Parcels 2, 4 or Parcel 5, Owner shall make an in-lieu payment for 25% of the full traffic signal (all four legs) at S. Perryville Road and Lilac (formerly W. Harrison Street). The in-lieu payment shall be based on the actual cost of the traffic signal if it has been constructed or if the payment is required before the signal is constructed it shall be based on the estimated cost of the traffic signal as determined by the City Engineer or designee; and 30. In addition to the constructing the specific infrastructure identified in the stipulations herein, Owner/Developer shall construct, at no cost to the City, all public infrastructure improvements: (i) needed for the city to provide water and wastewater services to the Property and (ii) required to be constructed pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; and 31. Owner shall dedicate, at no cost to the City, all rights-of-way and/or easements that are: (i) needed for the construction of infrastructure improvements required for the City to provide water and wastewater services to the Property, including rights-of-way and/or easements needed for the construction of any regional water delivery lines identified in the Cost Recovery Resolution – Water Delivery Lines as benefitting the Property and/or for the construction identified in the Cost Recovery Resolution – Wastewater Trunk Lines as benefitting the Property (iii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iv) required for the construction of improvements for which Owner is responsible for making in-lieu payments; (v) required to be dedicated pursuant to any development agreement with the City regarding the development of the Property; (vi) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein, and/or (vii) required public infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies. The rights-of-way to be dedicated shall be dedicated in fee and all rights-of-ways and easements shall be dedicated lien free and, unless otherwise agreed to by the City, free of all other easements or other encumbrances. Unless the timing of the required dedications is modified by any stipulation in this Ordinance, the terms of a written development agreement approved by the Council or a written phasing plan approved by the City Engineer or his designee, all dedications shall be made at the earlier of the following: (i) prior to or concurrent with recordation of a final plat that includes the area in which the portion of the Property to be dedicated is located or (ii) prior to the issuance of any construction permit, including grading permits, for work of any public infrastructure Owner/Developer is required to construct; and 32. Owner shall comply with any and all Development Agreements that apply to the development of the Property in whole or in part and shall remit all payments owed pursuant to the terms of any and all Development Agreements in effect at the time of development that apply to the development of the Property in whole or in part; and 33. In addition to compliance with the stipulations set forth herein, the development of the Property shall comply with the Goodyear Zoning Ordinance, the City of Goodyear subdivision regulations, the City of Goodyear’s Engineering Design Standards and Policies, except as modified by the City Engineer, the Maricopa County Association of Governments standards for public works construction, and all other federal, state and locals laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property; and 34. Prior to the issuance of the first Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property, all existing above ground utilities, except for electric lines that are 69kV or larger, located within and adjacent to the Property, including but not limited to, cable and electrical utilities, shall be placed underground at no cost to the City. |