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Section 10: 3rd Avenue Performance Guarantee. Owner shall, prior to <br /> receiving any Phase II development permits, provide the City cash in the amount of <br /> $40,000. The cash shall be retained by the City for five years. These funds shall <br /> be applied towards the improvement of 3rd Avenue made by the City from the <br /> entrance of this project on 3rd Avenue north to 92nd. In the event these funds are <br /> not used within said period of time they shall be returned to Owner in accordance <br /> with the requirements of RCW 82.02.020. <br /> Section 11: Warranty Requirements. At the time of final acceptance of <br /> public water, sewer, street and landscaping improvements, Owner shall provide to <br /> the City a one year warranty bond or other suitable guarantee in an amount of not <br /> less than 10% of the cost of construction in a form acceptable to the City <br /> Attorney. <br /> Section 12: Code Compliance. <br /> A. Owner agrees that all construction shall conform to the requirements <br /> of the City's Building Code in effect at the time of building permit application. In <br /> addition, Owner agrees to comply with all applicable ordinances, statutes, regu- <br /> lations and codes unless otherwise exempted or altered by the terms of this <br /> Agreement. <br /> B. Owners, and their heirs, successors and assigns, shall comply with all <br /> City, State, and Federal laws, rules and regulations applicable to the development, <br /> sale and maintenance of the subject property. <br /> Section 13: Final Development Plan - Amendments Permitted When. <br /> A. Minor changes in the location, siting, and height of buildings and <br /> structures may be authorized by the City's Planning Director without additional <br /> public hearings if these changes were required by engineering or other circum- <br /> o <br /> stances not known at the time the final plan was approved. No changes authorized <br /> by this section may cause any of the following: <br /> 1. A change in the use, intensity, or character of the <br /> development; <br /> 2. An increase in the overall ground coverage of struc- <br /> tures; <br /> 3. An increase in the problems of traffic circulation; <br /> 4. A reduction in approved open space, off-street parking, <br /> loading zones, right-of-way or pavement widths. <br /> B. Changes in uses, rearrangement of lots, blocks, buildings, tracts, or <br /> changes in the provision of common open space and changes other than listed above <br /> must be made by the Council after a report from the Planning Commission. Such <br /> -6- <br />