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Resolution No. PC-01-36 <br />Page 15 <br /> <br />court costs, the fair market value of the land itself, severance damages, relocation, <br />loss of good will, "Klopping" damages, etc. <br /> <br />62. <br /> <br />The PUD development plan shall be treated as a separate "first-come, first-serve" <br />project for purposes of the City's Growth Management ordinance. <br /> <br />63. <br /> <br />The maintenance of the stormwater drain inlet and v-ditches on Parcel 2 shall be <br />the responsibility of that lot owner. <br /> <br />64. <br /> <br />Unless the parties reach a separate private agreement, the developer shall <br />reimburse the builder of the adjacent Clara Lane project for the pro rata costs of <br />any improvements made by that developer on this site or along this site's <br />Vineyard Avenue and Gillian Court frontages, including landscape berm, <br />sidewalk, soundwall/retaining wall, grading, etc., subject to the review and <br />approval of the Planning Director and City Engineer. <br /> <br />65. <br /> <br />The design of the wall and landscape berm along the project's Vineyard Avenue <br />frontage shall match that of the adjacent previously-approved Clara Lane <br />subdivision. <br /> <br />66. <br /> <br />In the event that the adjacent Clara Lane project, particularly Gillian Court, is not <br />under construction prior to the recordation of the final map for these two lots, the <br />developer shall be required to demonstrate to the Planning Director and City <br />Engineer how access, utilities, and sound attenuation could satisfactorily be <br />provided for this project to proceed. In the event that these issues can not be <br />addressed to the Planning Director's and City Engineer's satisfaction, this <br />development plan approval would be void and an application for a new PUD <br />development plan would need to be submitted. <br /> <br />67. <br /> <br />The applicant shall explore the installation of mechanical provisions to facilitate <br />the installation of photovoltaic panels. <br /> <br /> <br />