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3. Such special assessment shall be spread over the longest period of time permitted for those properties being assessed for the Streetscape Improvement Project; D. Couch/JGC Trusts shall grant temporary construction easements over Lot 1 to the City for implementing the County Road E streetscape improvements. The City shall reasonably restore the area of the temporary construction easement premises to its condition prior to construction of the streetscape improvements. E. In the event that trees located along a public right of way need to be removed due to road improvements, the property owner shall either transplant the trees or replace them on a one to one basis elsewhere within the area included in the PUD Master Plan, subject to City Planner approval. Nothing herein is a waiver by Arden Plaza to seek compensation from the condemning authority. 5. RELATIONSHIP OF PARTIES. No partnership or joint ventures established between the parties hereto by or under this Agreement or any agreement referenced herein. 6. SUCCESSORS AND ASSIGNS. This Restated Agreement shall be binding upon and inure to the benefit of the parties and their respected successors and assigns, including without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the Property. Should Arden Plaza or the Couch/JCG Trusts convey any lot or lots in the Plat to a third party, the city and the owner of that lot or those lots may amend the Master Plan or other city approvals for the development or use of those lots without the approval or consent of the other lot owners within the Plat. Private agreements between the owners of lots within the Plat for shared service or access and related matters necessary for the efficient use of the Property shall be the responsibility of the lot owners and shall not bind or restrict City authority or approve applications from any lot owner. 7. LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the contrary, the liability of Arden Plaza and the Couch/JGC Trusts shall be limited to their ownership of lots 11 174869v10