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

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implementation of the landscaping plan; provided, however, that if the Landscaping is acceptable on the first anniversary of full implementation,the City will permit Developer to reduce the the Security by 50%. The Security shall only be released upon successful inspection of the landscaping by the City Planner, which shall only occur during the growing season. 20. SIDEWALK. The Developer shall pay the cost of materials and installation of the sidewalk along County Road E. Developer will deposit an escrow with the City of fifty thousand dollars ($50,000) upon execution of this Agreement as escrow for the cost of the sidewalk. Notwithstanding anything to the contrary, Developer's obligation related to the sidewalk along County Road E will not exceed fifty thousand and no dollars ($50,000). Developer will not have to pay and the escrowed funds will not be used for the relocation of the utility box required to install the sidewalk; provided, however, that Developer will pay its assessed share of the cost of relocating the utility box if and only if the City pays for relocation of the utility box and assesses those costs as district wide assessment. If any of the funds escrowed pursuant to this Section are not necessary to construct the sidewalk, the funds will be released to Developer within 30 days of completion of the sidewalk. If the escrowed funds have not been applied to the costs of the sidewalk prior to the fifth anniversary of this Agreement, the City will refund those amounts to the Developer. The City will use reasonable diligence to complete the sidewalk as soon as reasonably prudent. The City agrees to obtain at least three firm bids or quotes for all work related to the sidewalk and to use the least expensive bids or quotes. 21. SPECIAL PROVISIONS.The following special provisions shall apply to the development: A. Notwithstanding that these factors and conditions may not comply with the city's existing zoning code,the following("PUD flexibility') are hereby approved: • Parking setbacks as shown on the Plans. • Minimum dwelling unit size for 40 of the 74 units as proposed in the Plans. • Parking stalls as shown on the Plans need not be enclosed. • The number of efficiency units shall be allowed as shown on the Plans.