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falls into disrepair, and to lien the Subject Property for the costs of said maintenance.
<br />All environmental permitting, mitigation, and soil and erosion control for the Subject
<br />Property shall conform to all federal, state, and local permits/requirements, shall be the
<br />sole responsibility of the homeowners association or property owners association, and
<br />shall be maintained in good condition/standing with the applicable permitting
<br />authorities. Best Management Practices (BMP) and conformance to National Pollutant
<br />Discharge Elimination System (NPDES) criteria are required.
<br />S. Transportation, site access, and traffic devices: The Owner/Developer is responsible
<br />for all transportation improvements within the Subject Property and any off-site
<br />transportation requirements required as a result of the proposed development for site
<br />function, that maintains or improves the level of service for area roadways, and ensures
<br />the public health, safety, and welfare for the community. All permits shall be obtained
<br />from appropriate permitting agencies prior to development and the City shall determine
<br />the appropriate level of service per the City Comprehensive Plan and current traffic
<br />counts.
<br />6. Public Facilities/Land Dedication. None.
<br />7. Development Permits/Fees. The Owner/Developer is responsible for obtaining,
<br />permitting, and the payment of all fees for facilities and services for the Subject Property. Any
<br />site permits shall be kept current with the respective permitting agency and shall ensure the
<br />protection of the public health, safety, and welfare of the community and the development. All
<br />impact fees apply unless a cessation exists through a citywide moratorium, and no impact fee
<br />credits shall be awarded through this Agreement. Proportionate fair share site improvements shall
<br />not be a credit against impact fees.
<br />8. Site Plan/Plat Approval. Exhibit "B", the Concept Plan, is the graphic
<br />representation of the PUD and this Agreement. The Concept Plan shall not replace, supersede, or
<br />absolve the Owner/Developer from approvals for any site plan, preliminary plat, or final plat and
<br />their respective regulations. Where more detailed criteria for City required submittals exceed the
<br />criteria required for a Concept Plan, the more detailed criteria shall apply.
<br />9.Indemnification. The Owner/Developer shall indemnify and hold the City harmless
<br />from any and against all claims, demands, disputes, damages, costs, and expenses (to include
<br />attorneys' fees whether or not litigation is necessary and if necessary, both at trial and on appeal),
<br />incurred by the City as a result, directly or indirectly, of the use or development of the Subject
<br />Property, except those claims or liabilities caused solely by or arising from the negligence or
<br />intentional acts of the City, or its employees or agents. It is specifically understood that the City
<br />is not guaranteeing the appropriateness, efficiency, quality, or legality of the use or development
<br />of the Subject Property, including but not limited to, drainage or water/sewer plans, fire safety, or
<br />quality of construction, whether or not inspected, approved, or permitted by the City.
<br />10. Conflicts. In the event of a conflict between this Agreement and the City's Unified
<br />Land Development Regulations, the more restrictive regulations shall govern the development of
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