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<br /> <br />2.Window decals shall only be located on the lower half of the central <br />window and the two windows on either end of the north building façade. No more than 36 percent of the <br />decals shall have a plain white background. Of the decals including photographic images, a minimum of <br />50 percent shall be images of Arden Hills. The applicant shall work with the City staff on finding <br />appropriate photographs of the Arden Hills community to be included on the window decals. <br /> <br />C.In the event that trees located along a public right of way need to be removed due <br />to road improvements, the property owner shall either transplant the trees or replace them on a one to one <br />basis elsewhere within the area included in the PUD Master Plan, subject to City Planner approval. <br />Nothing herein is a waiver by Arden Plaza to seek compensation from the condemning authority. <br />5.RELATIONSHIP OF PARTIES. <br /> No partnership or joint ventures established between <br />the parties hereto by or under this Agreement or any agreement referenced herein. <br />6.SUCCESSORS AND ASSIGNS. <br /> This Restated Agreement shall be binding upon and <br />inure to the benefit of the parties and their respected successors and assigns, including without limitation, <br />any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with <br />any interest in the Property. Should Arden Plaza or the Couch/JCG Trusts convey any lot or lots in the <br />Plat to a third party, the city and the owner of that lot or those lots may amend the Master Plan or other <br />city approvals for the development or use of those lots without the approval or consent of the other lot <br />owners within the Plat. Private agreements between the owners of lots within the Plat for shared service <br />or access and related matters necessary for the efficient use of the Property shall be the responsibility of <br />the lot owners and shall not bind or restrict City authority or approve applications from any lot owner. <br />7.LIMITATION OF LIABILITY <br /> . Notwithstanding anything in this Agreement to the <br />contrary, the liability of Arden Plaza and the Couch/JGC Trusts shall be limited to their ownership of lots <br />within the Plat. Upon sale or conveyance of any Lot within the Plat, the transferee shall be liable for all <br />11 <br /> <br />