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2009_0518_Packet
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2009_0518_Packet
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154 growing seasons, shall determine the specific amount of this letter of credit or <br />155 other security. <br />156 9.9 Building Materials: For additions to existing structures, exterior building <br />157 materials shall be complementary to, and generally in keeping with, the existing <br />158 structure; the materials proposed in the building elevations (Exhibit E) comply <br />159 with this requirement. Exterior building materials for future construction or <br />160 redevelopment shall be reviewed and approved by the Community Development <br />161 Director prior to issuance of any building permits. <br />162 9.10 Mechanical Equipment: HVAC must be fully screened from view of adjacent <br />163 properties. <br />164 9.11 Trash Handling: Trash handling equipment shall be housed within the principal <br />165 structure or in a roofed structure that is detached or attached to the principal <br />166 structure, in accordance with Section 10 10. 11 of the City Code. Access to trash <br />167 handling equipment shall be situated such that service vehicles are not required to <br />168 back onto streets. <br />169 9.12 Lighting: Parking lot and building facade lights shall be downcast, cutoff type, <br />170 concealing the light source from view and preventing glare. All lighting shall <br />171 meet the lighting requirements of Section 10 10. 12 of the City Code. <br />172 10.0 Developer's Default <br />173 10.1 For purposes of this Development Agreement, the failure of the DEVELOPER to <br />174 perform any covenant, obligation, or agreement hereunder, and the continuance of <br />175 such failure for a period of 30 days after written notice thereof from the CITY (or <br />176 such longer period of time as may reasonably be necessary to cure any such <br />177 default, if such default is not reasonably curable within such 30 day period) shall <br />178 constitute a DEVELOPER default hereunder. Within the 30 day period after <br />179 notice is given, a request may made for a hearing (by either party) to be held <br />180 before the Roseville City Council to determine if a default has occurred. Upon the <br />181 occurrence of DEVELOPER default, the City may withhold any certificate of <br />182 occupancy for improvements proposed to be constructed. <br />183 10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a <br />184 parcel or parcels of land within the PUD to a third party, which conveyed parcels <br />185 shall remain subject to all of the terms of the PUD specifically relating to said <br />186 parcels. In that connection, the parties agree as follows: <br />187 A. A default by the DEVELOPER, or its successors in interest, in the <br />188 performance of the obligations hereunder, will not constitute a default <br />189 with regard to the conveyed parcel and will not entitle the CITY to <br />190 exercise any of its rights and remedies hereunder with respect to such <br />191 conveyed parcel, so long as such conveyed parcel otherwise complies with <br />192 applicable provisions of the PUD. <br />193 B. A default with regard to a conveyed parcel will not constitute a default <br />194 with regard to the parcels retained by the DEVELOPER or other conveyed <br />Page 5 of 7 <br />
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