23-1582 PUD Agreement & Concept Plan for ICON Commons Established via Ordinance 21-1553

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landscaping, shall be continuously maintained by the Owner/Developer in accordance with the City's Code of Ordinances. The City may, without prejudice to any other legal or equitable right or remedy it may have, withhold permits, Certificates of Occupancy or plan/plat approvals to the Subject Property, should the Owner/Developer fail to comply with the terms of this Agreement. Should the Owner/Developer fail to undertake and complete its obligations as described in this Agreement to the City's specifications, then the City shall give the Owner/Developer thirty (30) days written notice to commence and ninety (90) days to complete said required obligation. Notice to the Owner/Developer and its successors in interest shall be deemed to have been given upon the mailing of notice to the address or addresses set forth in Paragraph 22, hereof. 15. Enforcement. If the Owner/Developer fails to complete the obligations within the ninety (90) day compliance period, then the City, without further notice to the Owner/Developer may, without prejudice to any other rights or remedies it may have, place liens and take other enforcement action on the Subject Property. All existing lienholders and mortgagees, by their execution of the subordination or joinder documents, agree to subordinate their liens or mortgages to the City's said liens or assessments. The parties acknowledge that monetary damages for a breach of this Agreement would be inadequate to compensate the parties for the benefit of their bargain. Both parties may also seek specific performance of this Agreement and/or bring an action for damages in a court within Seminole County, Florida, if this Agreement is breached by either party. Violation of this Agreement shall be deemed a nuisance per se. In the event that enforcement of this Agreement by the City becomes necessary, and the City is successful in such enforcement, the Owner/Developer shall be responsible for the payment of all of the City's costs and expenses, including attorney fees, whether or not litigation is necessary and, if necessary, both at trial and on appeal. Such costs, expenses and fees shall also be a lien upon the Subject Property superior to all others. Should this Agreement require the payment of any monies to the City, the recording of this Agreement shall constitute a lien upon the Subject Property for said monies, until said are paid, in addition to such other obligations as this Agreement may impose upon the Subject Property and the Owner/Developer. Interest on unpaid overdue sums shall accrue at the rate of the lesser of eighteen percent (18%) compounded annually or at the maximum rate allowed by law. Additionally, the City has the right to utilize stop work orders as appropriate for violations. 16. Utility Easements. For any easement not established on a plat for the Subject Property, the Owner/Developer shall provide to the City such easements and other legal documentation in form mutually acceptable to the City Attorney and the Owner/Developer, as the City may deem reasonably necessary or appropriate for the installation and maintenance of the utility and other services, including but not limited to, sanitary sewer, potable water, reclaimed water services, electric, cable, gas, fire protection and telecommunications. 17. Periodic Review. The City reserves the right to review the Subject Property in relation to this Agreement annually to determine if there has been demonstrated good faith compliance with the terms of this Agreement. If the City finds that on the basis of substantial competent evidence that there has been a failure to comply with the terms of this Agreement, the City may not issue development orders or permits until compliance with this Agreement has been established, or take other action authorized by law. 8