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Ordinance 2010-010 <br />DRAFT: 1/5/2011 <br />2. The proposed starting and completion dates for the construction <br />and any required environmental remediation. <br />3. The applicant shall submit documentation demonstrating that the <br />PUD Final Plan is in conformance with the PUD Master Plan and each <br />of the components in Section 1325.135 Subdivisions 5 through 15. <br />C. Land Use Application Complete. The PUD Final Plan application <br />shall be considered complete once all required application and <br />documentation required in Subdivisions 5 through 15 are submitted and <br />deemed complete by the City. <br />D. Development Agreement and Bonding. <br />1. A development agreement and corporate surety are required at the <br />time of PUD Final Plan approval by the City Council to assure that all <br />improvements to be constructed as part of the approved PUD Final <br />Plan and any required environmental remediation are completed in <br />accordance with the terms and conditions of such plan, or each stage <br />thereof as outlined in the construction staging component. The bond <br />shall guarantee in a penal sum equal to one hundred twenty-five (125) <br />percent of the cost of such improvements as estimated by the City. <br />The development agreement and bond shall be filed with the <br />administrator no later than sixty (60) days after PUD Final Plan <br />approval. <br />2. The development agreement may provide for several bonds <br />covering separate aspects of the PUD, the aggregate of which shall <br />total one hundred twenty-five (125) percent of all the improvements to <br />be constructed and completed by the applicant pursuant to the <br />approved PUD Final Plan. In this case, each bond required by the <br />development agreement shall be filed no later than sixty (60) days <br />after PUD Final Plan approval. It may also require guarantee bonds in <br />the penal sum of one hundred (100) percent of the cost of completed <br />improvements, as estimated by the City Engineer to guarantee such <br />improvements for whatever lengths of time are specified therein. The <br />release of any bond or any portion thereof shall either be governed by <br />the terms and provisions of the development agreement or shall be <br />based upon the recommendation of the City Engineer or City Planner <br />and approval by the City Council. <br />3. If the applicant fails to enter into a development agreement and to <br />file the corporate surety bond with the administrator by the expiration <br />of the sixty day period, the PUD Permit, Final Plat (if any) and <br />approved PUD Final Plan shall be deemed void, nullified and revoked <br />Page 49 of 51 <br />