5.0. SR 04-21-1994 - Laserfiche WebLink

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e e . City reserves the right to refuse approval of an individual site plan if, in the City Council's judgment, this condition is not met. (04) The City Council may, when approving individual site plans, impose such conditions as it shall deem necessary to insure that the Project complies with the requirements of this POD Agreement, as amended from time to time, the Conditional Use Permit, as amended from time to time, and the City Code of Ordinances. 5.) Public Improvements - Public Improvements for the project shall be installed and paid for as provided by the terms of the Developer's Agreement entered into between Developer and City, and attached as Exhibit I to this POD Agreement. Any violation by Developer of the terms of the Developer's Agreement shall be a violation of this PUD Agreement, and shall be grounds for City invoking against Developer the remedies provided by this PUD Agreement, including denial of site plan review or approval for one or more of the lots in the project. 6.) Maintenance of Areas of Joint Use - Developer shall provide evidence of satisfactory provision for control and maintenance of jointly used or commonly owned parking, drainage and landscaped areas within the Project. Reciprocal parking and access easements and maintenance agreements shall be provided to and approved by the City Attorney prior to the issuance of certificates of occupancy so as to insure satisfactory control, ownership and maintenance. Developers and their successors shall be obligated to maintain all common areas, drainage areas, outlots and landscaping in the Project in perpetuity. Notwithstanding any limitation in paragraph 7 hereof, a failure to meet this obligation will be grounds for City to invoke any remedy of City under this PUD Agreement against Developer or a Third Party, even if Developer or the Third Party affected is not the owner of the parcel not so properly maintained. 7.) Remedies - Should Developer or a Third Party breach any of the terms and conditions of this PUD Agreement, and if such breach is not cured within thirty (30) days after written notice or if such cure shall reasonably require longer than thirty (30) days to cure within such longer period as shall be reasonably necessary to cure such breach provided Developer commences cure within such thirty (30) day period and diligently proceeds to cure such breach thereafter, City shall have any or all of the following remedies against the party who has breached: (01) Withhold site plan approval for undeveloped lots; (02) Withhold issuance of building permits or certificates of occupancy for any structure within the project; 4. S 'd v~:vt v66t'0Z'v0 S9Z~968-Zt9 H3~90HIl nl~O H~W~~OH HI~~~l wo~~