Upon approval of the Final PUD Plan, the City Law Director shall prepare a PUD Agreement setting forth the conditions upon which such approval is based, which Agreement, after approval by resolution of the Council, shall be executed by the City and the applicant. Approval of the Final PUD Plan shall become effective upon recording of the Agreement in the Office of the County Recorder, which shall be done at the expense of the applicant. The Agreement shall, at minimum, include the following elements:
(a) Identification of the plans and documents that are a part of the approval, the terms and conditions under which the approval was granted, the procedures to be followed for review and approval of amendments to the approved plans, and the terms or conditions regarding the expiration or revocation of approval.
(b) Identification of the entity that is responsible for constructing each element of the project, including the public facilities and infrastructure, and identification of the entities that will own and be responsible for maintenance of public open space, common areas, and facilities, and the method of financing such maintenance work.
(c) A listing and specification of all uses permitted as part of the approved PUD.
(d) Project details and dimensions that are mandatory, and that are subject to refinement or alterations, along with the permissible degree of change.
(e) An agreement providing for adequate maintenance of common elements, public areas and any stormwater retention or detention facility, including removal of soils from any detention or retention basin and rework of drainage facilities so that they are in compliance with the approved engineering plans and specifications. The agreement shall state that if such maintenance is not adequately performed, the City may perform the maintenance and charge the cost thereof to the condominium association. The City may require a performance guarantee, in conformance with the requirements of this Ordinance, to guarantee maintenance of the common elements for a two-year period after completion.