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Attachment E 2 6'5 9.9 Site Landscaping. The final landscape plan provides adequate screening and 2 66 incorporates an appropriate mixture of plant materials and trees (Exhibit G). 267 2 6'8 9.10 Landscape Letter of Credit. Prior to the issuance of a grading, excavation, foundation, 2 6'9 and/or building permit, the DEVELOPER shall provide the CITY with a landscape letter 270 of credit,, bond,, or other security covering a minimum of one full growing 271 season/calendar year which is acceptable to the City in an amount up to 150% as 272 determined by the Community Development Director or designee), of the full cost of all 273 landscaping, irrigation, and fencing. 2 74 275 10.0 DEVELOPER DEFAULT: 2 7 6' 10.1 For purposes of this AGREEMENT, the failure of the DEVELOPER to perform any 277 covenant,, obligation or agreement of the DEVELOPER hereunder, and the continuance 278 of such failure for a period of thirty (30), days after written notice thereof from the City 279 shall constitute a DEVELOPER default hereunder. Within the sixty (60), day period after 280 notice is given, a request may be made for a hearing (by either party), to be held before 281 the City Council to determine if a default has occurred. Upon the occurrence of 282 DEVELOPER default and failure to cure,, the City may withhold any certificate of 283 occupancy for improvements proposed to be constructed. 2 84 285 10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel 2 8 6' or parcels of land within the subject property to a third party,, and the conveyed parcels 287 shall remain subject to all of the terms of this PUD AGREEMENT specifically relating to 288 said parcels. In that case, the parties agree as follows.- 289 290 a. A default by the DEVELOPER, or its successors in interest, in the performance of 291 the obligations hereunder, will not constitute a default with regard to the 292 conveyed parcel and will not entitle the CITY to exercise any of its rights and 293 remedies hereunder with respect to such conveyed parcel, so long as the owner of 2 94 the conveyed parcel otherwise complies with applicable provisions of this PUD 295 AGREEMENT. 2 9 6' 297 b. A default with regard to a conveyed parcel will not constitute a default with 298 regard to the parcels retained by the DEVELOPER or other conveyed parcels, so 299 long as such retained or other conveyed parcels otherwise comply with applicable 300 provisions of this AGREEMENT. A 4WW§1W3 303 11.1 This AGREEMENT shall be binding upon the parties, their heirs, successors,, tenants,, or 3 04 assigns, as the case may be. 305 3 0 6' 11.2 Breach of any material term of this AGREEMENT by the DEVELOPER shall be 307 grounds for denial of building permits, except as otherwise provided in Section 10.0. A