23-1588 PUD & Concept Plan for (2) Parcels PMX-MID Located East of Concord Dr & S. USHWY 1792

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