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in whichever manner City deems best achieves timely completion <br />of such noise mitigation measures. City shall endeavor to <br />create an assessment district or districts, in which Developer <br />agrees to place the project site, to fund construction of <br />noise mitigation measures whenever the City Engineer, in the <br />reasonable exercise of his discretion, determines that a <br />portion of the cost of the noise mitigation measures should <br />be appropriately lborne by other industrial and commercial <br />properties as well as by the s6bject site. <br />VII. 'ENFORCEMENT OF PUD CONDITIONS <br /> <br /> Developer agrees that the conditions of PUD-81-30 <br /> <br />are a benefit to the project site as reasonable regulations <br />designed to enhance property values through their provisions <br />for orderly growth and ma~.ntenance of high quality development <br />and environment. It is the mutual understanding of Developer <br />and the City that an assessment district or districts may be <br />placed on the project site to finance the construction of <br />one or more of the improvements contemplated in this agreement, <br />required by the PUD conditiOnS, or desired by.Developer. It <br />is further understood that if any development on the project <br />site utilizes such improvements, it shall be deemed a benefit <br />to the entire pro.ject site, whether or not the entire project <br />site is subdivided in the future and assessment districts <br />are segregated to individual parcels. Developer acknowledges <br />that from time to time portions of the project site, whether <br />subdivided and sold lots or lands retained by Developer, may <br />be unable to develop for periods of time due to conditions- <br />of the PUD not being met. Developer agrees it shall have no <br /> <br /> <br />