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<br />4.0 Approval by the CITY
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<br />In approving the fmal development plan for the PUD for the DEVELOPER, the CITY hereby
<br />incorporates the following exhibits. The DEVELOPER shall develop the subject property as
<br />described or shown in these exhibits. If the exhibits vary from the written terms of this Agreement,
<br />the written terms shall control. In the event the exhibits address items not specifically addressed in
<br />this agreement, the exhibits shall govern with respect to those items.:. The exhibits as approved by
<br />the City Council on July 12, 1999, or as amended thereafter, shall include:
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<br />a. Certificate of Survey of the property lines and including the proposed structure
<br />footprint, proposed structure first floor elevation, parking and drive lane areas, ,
<br />and building approved setbacks, dated:
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<br />b. Utility, grading and drainage plan illustrating existing grades and those proposed
<br />after completion of the proposed construction, drainage directions, spot
<br />elevations, catch basins for surface water catchment and existing and proposed
<br />utilities, dated:
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<br />c. Complete Landscape Plan (including fence specifications and location) with
<br />materials list, sizes, and locations of all plant materials dated:
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<br />d. Building elevations, all floor plans_with all dimensions; and, building materials
<br />identified on the building plans dat~d:
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<br />e. Site plan indication all existing and proposed paved parking spaces, parking
<br />curbs, loading areas, sidewalks, and future expansion and/or proof of parking
<br />spaces, dated:
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<br />f. Development schedule with installation dates of improvements, including
<br />beginning date, grading, footings, building construction, paving, landscaping, and
<br />anticipated occupancy date, dated:
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<br />g. Signage plan illustrating all signage areas to be located on the building and the
<br />location and design details for the freestanding monument sign,
<br />dated:
<br />h. Boulevard (street) and parking lot lighting plans which include specifications
<br />and/or height and type of light, dated:
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<br />5.0 Rezoning
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<br />The CITY conducted hearings and meetings on March 10 & April, 1999 (Planning Commission -
<br />hearing on concept development plan), April 26, & May 10,1999 (City Council- action on concept),
<br />June 23 & July 12, 1999 (City Council- hearing and action on final development plan and action
<br />on PUD agreement) to consider various aspects of the Planned Unit Development, including
<br />rezoning of the subject property from B-1, Limited Business District to Business-Planned Unit
<br />Development (B-PUD). The CITY agrees to rezone the subject property to Business-Planned Unit
<br />Development (B-PUD), subject to the OEVELOPER's strict compliance with the approved plans,
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