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the Subject Property. <br />11. Obligations for Improvements. Any surface improvement as described and <br />required hereunder including, but not limited to signalization, walls, stormwater management <br />facilities, medians, and utilities, or any other surface improvement, shall be performed prior to the <br />issuance of the first Certificate of Occupancy on that portion of the Subject Property related to the <br />surface improvement(s), or as is otherwise scheduled in this Agreement. Should the <br />Owner/Developer fail to undertake and complete its obligations as described in this Agreement <br />and to the City's specifications, then the City shall give the Owner/Developer thirty (30) days <br />written notice to commence and ninety (90) days to complete said required obligation at the sole <br />expense of the Owner/Developer. If the Owner/Developer fails to complete the obligations within <br />the ninety (90) day period, then the City, without further notice to the Owner/Developer, may but <br />shall not be required to, contact the surety and perform such obligations at the expense of the <br />Owner/Developer, without prejudice to any other rights or remedies the City may have under this <br />Agreement. Further, the City is hereby authorized to immediately recover the actual and verified <br />cost of completing the obligations required under this Agreement and any legal fees from the <br />Owner/Developer in an action at law for damages, as well as to record a lien against the Subject <br />Property in that amount. The lien of such assessments shall be superior to all others, and all <br />existing lienholders and mortgagees, by their execution of the subordination or joinder documents, <br />agree to subordinate their liens or mortgages to the City's said liens or assessments. Notice to the <br />Owner/Developer shall be deemed to have been given upon the mailing of notice as provided in <br />paragraph 22 of this Agreement. <br />12. Concurrency and Vested Rights. The Owner/Developer acknowledges and <br />agrees that prior to the issuance of any development orders for the Property, the Owner/Developer <br />â–ºnust have received a valid unexpired certificate of capacity/concurrency management system <br />approval consistent with the City's Unified Land Development Regulations. The capacity <br />certificate/approval verifies the availability of infrastructure and service capacity sufficient to <br />permit the proposed development of the Subject Property without causing a reduction in the levels <br />of service adopted in the City's Comprehensive Plan. The certificate of capacity/approval shall be <br />effective for a term, as defined in the City's Code of Ordinances. Neither this Agreement nor the <br />approved Concept Plan shall create or result in a vested right or rights to develop the Subject <br />Property, as cited in Article IX of the City's Unified Land Development Regulations. <br />13. Environmental and Tree Preservation. The Owner/Developer is responsible for <br />obtaining all site -related permits and approvals prior to any development activity on the Subject <br />Property in accordance with all local, state, and federal laws. This may involve mitigation for <br />habitat of threatened or endangered flora and fauna or for species identified for protection (i.e. tree <br />preservation). This Agreement does not vest or exempt the Owner/Developer from any permitting <br />and mitigation obligations needed to develop a Subject Property. <br />14. Default. The Owner/Developer agrees to abide by the provisions of this <br />Agreement, the City's Comprehensive Plan, the City's Code of Ordinances, and all other laws, <br />including but not limited to, the site plan regulations of the City as amended from time to time, <br />which are incorporated herein by reference. Further, all required improvements, including <br />7 <br />