Resolution - #84-085 - 05/24/1984

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b. That the Applicant and the City enter into a comprehensive Development Agreement which Agreement shall incorporate all City Code Requirements and City policy relating to a development of this nature and which Agreement shall specifically include but not be limited to the following: (i) Total compliance with the City's ~mnicipal utility construction, financing and operation policies and regulation; (ii) Verification that the homeowners' association and related restrictive covenants will become effective and binding; (iii) Payment to the City of the sum of Five Hundred and No/100 ($500.00) Dollars for the trees which were not planted in the Flintwood Hills First Addition; and (iv) Completion of the property exchange whereby the City conveys thirty-three (33) feet adjacent to 142nd Street NW and the applicant conveys the easterly thirty-three (33) feet of Lot 6, Block 3 of the proposed PUD to the City. 2. That as a matter of emphasis the City again by this Resolution advises the Applicant that this final PUD approval and the rezoning which the City has granted by a Supplementary Resolution shall terminate within one (1) year of the date of this Resolution in the event that no municipal utility construction has been com~mnced on the subject PUD Plat during said one (1) year and that no structure construction in the PUD may commence unless and until the municipal utilities as prescribed by City Code have been installed and that municipal utilities will not be installed unless and until the Applicant provides the financial guarantees as provided by the City Code. 3. 'Fnat the City Administrator is directed to forthwith advise the Applicant that this Resolution has been adopted and to obtain a statement in writing from the Applicant to the effect that its representative bas received a copy of this Resolution. The motion for the adoption of the foregoing Resolution was seconded by Councilmember Sorteberg and upon a vote being taken thereon, the