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requirements set forth in this PUD Agreement and the <br />attachments hereto. <br /> <br />4.) Approval by City - City hereby approves the Project as shown in the attached <br />exhibits provided, however, that insofar as the exhibits vary fr <br />PUD Agreement, the written terms shall govern. This approval is <br />and building plan review and approval as follows: <br /> <br /> (01) The City may, when approving individual site plans, impose such conditions <br />as it shall deem necessary to insure that the Project complies w <br />of this PUD Agreement, as amended from time to time, the Conditi <br />as amended from time to time, and the City Code of Ordinances. <br /> <br /> <br />5.) Maintenance of Project Areas - <br /> <br /> (01) Litter Control - Developer and all Third Party owners of lots within the <br />Subdivision shall pick up litter as needed, at least once per mo <br />winter weather), from: <br /> <br /> (i) all parking and landscaped areas on their property <br /> <br />(ii) public rights-of-way adjacent to their property <br /> <br />(02) Maintenance Agreements - A homeowners' association shall be established <br />for the Project, and shall be responsible for all exterior building maintenance, <br />approval of any exterior architectural modifications, landscaping, snow clearing and <br />regular maintenance of private driveways and other areas owned in common. The <br />maintenance agreement shall be subject to approval by the City Attorney prior to the <br />issuance of certificates of occupancy so as to insure satisfacto <br />and maintenance. The agreement shall provide that Developers an <br />homeowners association shall be obligated to maintain all commonrainage <br />areas, outlots and landscaping in the Project. <br /> <br />(03) Enforcement - Failure of Developer or a Third Party to meet its maintenance <br />obligations under this paragraph will be grounds for City to inv <br />any remedy which City has under this PUD Agreement. <br /> <br /> 6.) Remedies - Should Developer or a Third Party breach any of the terms and <br />conditions of this PUD Agreement, and if such breach is not cure <br />after written notice, or if such cure shall reasonably require ler than thirty (30) days to <br />cure within such longer period as shall be reasonably necessary <br />Developer or the Third Party commences cure within such thirty ( <br />diligently proceeds to cure such breach thereafter, City shall have any or all of the following <br />remedies against the party who has breached: <br /> <br /> (01) Withhold site plan approval for undeveloped lots; <br /> <br />. <br />3 <br /> <br />N:\Departments\Community Development\Planning\Case Files\P\P 15-01 West Oaks PUD\P 15-01 PUD <br /> <br />Agreement FINAL.doc <br />