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City Council Approv9l: March 20, 2007 <br />'Coning ontinance no. 2007-18 <br />Administrative Amendment Approval: July 17, 2007 <br />City Council Amendment Approval: • <br />Zoning ordinance no_ <br />(A) Proposed changes to development standards, lot size or configuration not <br />determined to be minor by the Director shall cause an application for <br />amendment to the PDD. Such amendment shall follow procedures set <br />forth in the City Code. Upon approval of such major revisions a replat <br />will be required. <br />(S) Variances or special exceptions to the standards of this PDD or the City <br />Code in effect shall not be allowed without mutual consent of the City <br />and the shopping center "Approving Parties" in control through the <br />O.E.A. Such variances, if allowed, shall follow the procedures set forth <br />in the City Code. <br />14,0 MAINTENANCE. <br />14.1 Maintenance for this project will he enforced through the O.E.A. The O.E.A. <br />will dictate all maintenance requirements and responsibilities within the project. <br />The Operator shall confer and coordinate with the City with respect to the <br />failure of the Property to comply with the maintenance standard set forth in this <br />PDD or the applicable provisions of the Code. Notwithstanding the foregoing, <br />if the Operator designated in the O.E.A_ does not or, if following termination of • <br />the O_E_A. an owner of the Property does not timely perform required <br />maintenance in accordance with the terms of this PDD and applicable portions <br />of the Code, the City shall have the right to enforce against the owner of any <br />non-conforming portion of the Property all remedies available to it under the <br />Code for such failure. In addition, with respect solely to the shared drainage and <br />water quality facilities, the City shall have the right to enforce against any <br />owner of the Property benefited by any pond not being properly maintained all <br />remedies available to the City under the Code for such failure, provided that <br />each owner's liability for such failure shall be limited to the ratio, expressed as <br />a percentage, that the land area of its parcel bears to the total land area of all <br />land serviced by the affected detention pond. <br />14.2 Specific maintenance obligations of the O.E.A. areas follows: <br />• Common areas (including maintenance of certain features situated in <br />adjoining public rights of way and easements) <br />• Drive and public parking areas <br />• Debris and refuse <br />• Directional signs and markers <br />• Lighting <br />• Landscaping <br />• Obstructions • <br />Sidewalks