Prior to final approval of the PUD, the applicant must comply with the following:
A. All common open space, upon mutual agreement of the city and the applicant, shall be:
1. Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the PUD or adjoining property owners or any one or more of them, by providing perpetual maintenance of all lands in common in the PUD. All lands so conveyed shall be subject to the right of the grantee to enforce maintenance and improvement of the common open space; or
2. Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the PUD or adjoining property owners or both:
3. Common open space to be dedicated in accordance with this section shall be designated by the applicant with the required documents for such dedication.
B. The construction and maintenance of all public facilities and improvements which are a part of the PUD shall be guaranteed to the city in cash or corporate surety bonds as approved by the city attorney. The guarantee for construction shall be a sum equal to one hundred twenty percent of the estimated cost, as determined by the city engineer. Maintenance shall be guaranteed to the city and extended for a period of eighteen months after final acceptance of facilities by the city. The maintenance guarantee shall be made in a sum equal to fifteen percent of the estimated cost of construction, and shall be made effective immediately upon acceptance of the construction of the public facility improvements. After such eighteen months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposit shall be refunded after reimbursement for amounts expended in correcting defective facilities.
C. The applicant shall submit a certificate from the county clerk stating that no delinquent taxes or unpaid special assessments constituting a lien on the whole or any part of the property of the PUD are unpaid or exist. Such certificate shall be made a part of the PUD documents prior to its submission to the plan commission for final recommendation.
D. Final agreements, provisions, or covenants shall govern the use, maintenance, and continued protection of the PUD.
E. Public street right-of-way dedications shall be made in conformance with the approved PUD plan. However, the requirement that sidewalks be constructed on both sides of every street may be waived if pedestrian circulation is provided for in a manner acceptable to the plan commission and city council. Common open space to be dedicated in accordance with this section shall be designated by the applicant with the required documents for such dedication.
(Ord. 81-11 Art. XVIII § 8(A), 1980).