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DRAFT <br /> development agreement with the City and a corporate surety bond <br /> guaranteeing the faithful performance of the applicant's obligations under <br /> said development agreement, and in completion of all improvements <br /> provided for in said PUD Final Plan in a penal sum equal to one hundred <br /> twenty-five (125) percent of the cost of such improvements as estimated <br /> by the City Engineer, which agreement and bond shall be filed with the <br /> administrator no later than thirty(30) days after such requirement has been <br /> made by the City Council. In the event the applicant has failed to enter <br /> into said agreement and to file the same along i.with said bond with the <br /> administrator by the expiration of said thirty d .�period, the PUD Permit, <br /> Final Plat (if any) and approved Final Plan, fall be deemed void, nullified <br /> and revoked unless an extension is requested n.writing by the applicant <br /> and for good cause granted by the ity Councii. The development <br /> agreement may provide for several fonds=:coverin separate aspects of the <br /> PUD, the aggregate of which mall total one hundred twenty-five (125) <br /> percent of all the improvements to be constructed and '*"0 npleted by the <br /> applicant pursuant to the.appoed Final_Plan, in which cage each said <br /> bond required by such develoent agreement shall be filed along <br /> ........ <br /> therewith within the period above ... <br /> st&.%",d. It may also require guarantee <br /> bonds in the penal.,sum of one hundred (100) percent of the cost of <br /> completed improvenents as estimated by tie City Engineer to guarantee <br /> such improvements fox whatever lengths of tine are specified therein. The <br /> release of any bond or any portidn hereof shall either be governed by the <br /> terms and provisions of such develapn�ent agreement or shall be based <br /> upon tie recommendation of the C1ty Engineer or City Planner and <br /> approval hereof by the City Council. <br /> C. open Spice Easements end Covenants. To assure the City of the <br /> continued mntcrice 4f:any open space, recreational areas, common <br /> areas and the like which are ro osed to be owned and maintained b a <br /> -proposed <br /> Y <br /> homeowners. association to be formed by the applicant [and that said <br /> are .s will not be devoted to purposes other than those for which they <br /> . .... .. were o ginally ntended, the City Council may require at the time of its <br /> approval of the PUD Final Plan or its approval of any final plat required <br /> thereb whichever is later, that the applicant execute and grant to the city <br /> open space easements and covenants, approved by the City Council at the <br /> timeXiisuch requirement is made, which shall be filed by the applicant <br /> within thirty (30) days after the City Council has made such requirements. <br /> In the event the applicant has failed to execute said open space easements <br /> and covenants and to file the same with the administrator by the expiration <br /> of said thirty-day period, the PUD Permit, Final Plat, if any and Final Plan <br /> shall be deemed to be void, nullified and revoked unless an extension has <br /> been required in writing by the applicant and for good cause granted by <br /> the City Council. <br /> DRAFT:3/10/2010 <br /> Page 14 of 14 <br />