5C, Planning Case 12-019 - 1201 County Road E Development Agreement

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be modified to accommodate the retail bays. The Developer shall make improvements including a complete reconstruction of the existing parking lot, inclusion of stormwater ponding, curb, gutter, lighting, and parking lot islands with landscaping, as well as additional landscaping throughout the Site. The Developer shall provide parking stalls in front of the retail bays and remove the bituminous drive aisle in front of the hotel portion of the building and landscape that area. The center driveway will be removed and the easternmost access will remain in its current location. The Developer shall remove the front portico. The work detailed in this Section 5 and the �I Plans is referred to as the "Improvements". The Developer intends to develop the eastern two acres of the Site into retail or other commercial uses. Developer acknowledges that any future development of the eastern two acres will require a separate application to the City. 6. TERMS AND CONDITIONS. A. The Developer shall complete the exterior Improvements to the retail and commercial portion of the building by September 30, 2013 or the City's approval shall expire unless extended by approval from the City Council. An extension request must be submitted in writing to the City at least forty-five (45) days prior to the expiration date. B. The Developer shall obtain a certificate of occupancy for the multi-family units within one year of the Effective Date, or the PUD approval shall expire, unless extended by the City Council prior to the approval's expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. C. The Site shall be developed in accordance with the Application and Supporting Materials (attached hereto as Exhibit D), the terms and conditions accompanying Council approval ("Resolution") attached hereto as Exhibit C, and with this Agreement and the following Plans. Any significant changes to the Plans, as reasonably determined by the City Planner, shall require review and approval by the Planning Commission and City Council.The Plans shall not be attached to this Agreement. The Plans will be prepared