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REQUIREMENTS <br />1. No part of the PUD area shall be Bold or otherwise transferred from single <br />ownership except under terms of an approved subdivision in accordance with <br />the City Subdivision Ordinance. <br />2. The City shall conduct public hearings on the subdivision of any land within <br />the PUD area. <br />3. No lot or portion of the PUD area shall be subdivided for sale until a <br />detailed plan for its development has been reviewed and approved by the <br />City. <br />4. Any and all development shall be considered as part of the total PUD and all <br />conditions shall apply following subdivision and sale of individual lots; <br />the City shall require proof that all owners are aware of said PUD <br />conditions. <br />5. Being part of a total PUD, normal lot size, setback, and other requirements <br />may or may not be required; variations from strict code requirements shall <br />be so noted and recorded with property deeds along with all other PUD <br />conditions and requirements with specific reference made to note that <br />nonconforming conditions are not being created but that public approval of <br />detailed development plane constitutes an automatic approval of any <br />variances that may be involved. <br />6. Final plate will not be approved by the City until a development agreement <br />is entered into between the Applicant and the City. <br />E. Services and Facilities Components <br />Description: The Services and Facilities Component attached hereto as <br />Exhibit '9P' is hereby approved by the City. <br />REQUIREMENTS <br />1. Certain land areas and structures are provided within the planned unit <br />development for private recreational use or as service facilities. The <br />owner of such land and buildings shall enter into an agreement with the <br />City to assure the continued operation and maintenance to a pre— determined <br />reasonable standard. These common areas may be placed under ownership of <br />one of the following depending which is more appropriate and as may be <br />approved by the City. <br />a) Dedicated to public where a community -wide use would be anticipated. <br />b) Landlord control. <br />c) Landowners Association, provided all of the following conditions are <br />met: <br />I. The Landowners Association must be established prior <br />to any sale. <br />II. Membership must be mandatory for each owner, and any <br />successive buyer. <br />III. The open space restrictions must be permanent, not for <br />a given period of years. <br />IV. The Association must be responsible for liability <br />insurance, local taxes, and the maintenance of <br />residential and other facilities, except as modified <br />by the City Council. <br />