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Last modified
7/17/2007 2:12:04 PM
Creation date
6/30/2005 11:24:59 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
3457
Planning Files - Type
Planned Unit Development
Project Name
UNITED PROPERTIES
Applicant
UNITED PROPERTIES
Status
Approved
Additional Information
APPLEWOOD POINTE
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<br />9.29 Lighting. Street and parking lot lights shall be of a decorative style. Lighting shall be <br />consistent throughout the development and meet the lighting requirements of Section <br />1010.12 of the City Code (Exhibit G). <br /> <br />9.30 Anticipated Development Schedule. The City is in receipt of the Developer's <br />anticipated schedule for site work, structure construction, and tenant space occupation <br />(Exhibit J). <br /> <br />9.31 Public Right-of-Way Dedication. The necessary public trail and right-of-way <br />dedication for Arona Street, Applewood Court, and Terrace Drive shall be included on <br />the subdivision plat (or be recorded against the plat) for the development referred to as <br />Applewood Pointe of Arona, and approved by the Public Works Director. <br /> <br />9.32 Master Easements Document. All easement documents to be recorded for the purpose <br />of access, parking and/or utilities must be included on the easement plan (Exhibit E) and <br />be approved by the Public Works Director. <br /> <br />9.33 Parks, Ponds, and Trails Dedication and Construction. The DEVELOPER shall be <br />responsible for the construction and conveyance to the City of 2.2 acres (approximate) for <br />public park, located along the north boundary of the development and 2.4 acres <br />(approximate) of public pond and trail. The DEVELOPER shall construct minimum <br />improvements as stipulated in the Subdivision and Public Improvement Contract. <br /> <br />10.0 DEVELOPER DEFAULT <br />10.1 For purposes of this Agreement, the failure of the DEVELOPER to perform any <br />covenant, obligation or agreement of the DEVELOPER hereunder, and the continuance <br />of such failure for a period of thirty (30) days after written notice thereof from the City <br />shall constitute a DEVELOPER default hereunder. Within the sixty (60) day period after <br />notice is given, a request may be made for a hearing (by either party) to be held before the <br />City Council to determine if a default has occurred. Upon the occurrence of <br />DEVELOPER default and failure to cure, the City may withhold any certificate of <br />occupancy for improvements proposed to be constructed. <br /> <br />10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel <br />or parcels of land within the PUD to a third party, and the conveyed parcels shall remain <br />subject to all of the terms of the PUD specifically relating to said parcels. In that case, <br />the parties agree as follows: <br />1. A default by the DEVELOPER, or its successors in interest, in the performance of the <br />obligations hereunder, will not constitute a default with regard to the conveyed parcel <br />and will not entitle the CITY to exercise any of its rights and remedies hereunder with <br />respect to such conveyed parcel, so long as the owner of the conveyed parcel <br />otherwise complies with applicable provisions of the PUD. <br /> <br />2. A default with regard to a conveyed parcel will not constitute a default with regard to <br />the parcels retained by the DEVELOPER or other conveyed parcels, so long as such <br />retained or other conveyed parcels otherwise comply with applicable provisions of <br />this Agreement. <br /> <br />13 <br /> <br />Doc# 178570812 <br />
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