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Management Practices (BMP) and conformance to National Pollutant Discharge <br />Elimination System (NPDES) criteria are required. <br />R. Transportation, site access, and traffic devices: The Owner is responsible for all <br />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. These improvements should prioritize the use of active modes of <br />transportation such as walking, biking, and rolling to maintain or improve the level of <br />service for the area roadways and pathways while promoting the health, safety, and <br />welfare of the community. All permits shall be obtained from appropriate permitting <br />agencies prior to development and the City shall determine the appropriate level of <br />service per the City Comprehensive Plan and current traffic counts. <br />6. Public Facilities/Land Dedication. None. <br />7. Development Permits/Fees. The Owner is responsible for obtaining, permitting, <br />and the payment of all fees for facilities and services for the Subject Property. Any site permits <br />shall be kept current with the respective permitting agency and shall ensure the protection of the <br />public health, safety, and welfare of the community and the development. All impact fees apply <br />unless a cessation exists through a citywide moratorium, and no impact fee credits shall be <br />awarded through this Agreement. Proportionate fair share site improvements shall not be a credit <br />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 from approvals for any site plan, preliminary plat, or final plat and their <br />respective regulations. Where more detailed criteria for City required submittals exceed the criteria <br />required for a Concept Plan, the more detailed criteria shall apply. <br />9. Indemnification. The Owner shall indemnify and hold the City harmless from any <br />and against all claims, demands, disputes, damages, costs, and expenses (to include attorneys' fees <br />whether or not litigation is necessary and if necessary, both at trial and on appeal), incurred by the <br />City as a result, directly or indirectly, of the use or development of the Subject Property, except <br />those claims or liabilities caused solely by or arising from the negligence or intentional acts of the <br />City, or its employees or agents. It is specifically understood that the City is not guaranteeing the <br />appropriateness, efficiency, quality, or legality of the use or development of the Subject Property, <br />including but not limited to, drainage or water/sewer plans, fire safety, or quality of construction, <br />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 <br />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 />