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<br /> 3.) Uses - <br /> <br />(01) Permitted Uses – Permitted uses shall include only the following <br />uses: <br />(i) Multi-family Apartment Buildings; <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 from the written terms of this <br />PUD Agreement, the written terms shall govern. This approval is subject to individual site <br />and building plan review and approval as follows: <br /> <br />(01) The City may, when approving individual site plans, impose such <br />conditions as it shall deem necessary to ensure that the Project <br />complies with the requirements of this PUD Agreement, as amended <br />from time to time, the Conditional Use Permit, as amended from <br />time to time, and the City Code of Ordinances. <br /> <br /> 5.) Maintenance of Project Areas - <br /> <br />(01) Litter Control - Developer and all Third Party owners of lots within <br />the Subdivision shall pick up litter as needed, at least once per month <br />(except during 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 />(iii) wetlands and storm water features adjacent to the property. <br /> <br />(02) Enforcement - Failure of Developer or a Third Party to meet its <br />maintenance obligations under this paragraph will be grounds for <br />City to invoke against that party any remedy which City has under <br />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 cured within thirty (30) days <br />after written notice, or if such cure shall reasonably require longer than thirty (30) days to <br />cure within such longer period as shall be reasonably necessary to cure such breach provided <br />Developer or the Third Party commences cure within such thirty (30) day period and <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 issuance of building permits or certificates of occupancy <br />for any structure within the Project; <br /> <br />(02) Halt construction on public improvements not commenced or not <br />completed; <br />2. <br />N:\\Public Bodies\\Agenda Packets\\03-07-2022\\Final\\4.4 at2 PUD Agreement Delta Apartments.docx <br /> <br />