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4 0 9 10 11 12 13 14 li�, 10.10 part of ea��the TDM Plan. Vu� �J` -� �� y �,�� PUD a�eement and 'o� intly determine whether a separate agreement should be entered intd re�ardi►�� Payments in Lieu of Taxes for user services the COLLEGE receives due to its r� owtl Any resultin�greement shall be entered into prior to the issuance of a buildin� permit for future buildings or structures associated with this PUD. � �l�,�'S ;,��,{,�ti��,i`�� V.v 1 (�� , �j� � �,`� C�'ti 10.11 The CITY s ne�ative EAW declaration for the Project analyzed the Project as defined by � Exhibits A to F attached hereto. If the COLLEGE in the future proposes changes to the scone of the �vork as defined bv these e�hibits that the CITY determines in its reasonable discretion require supplementation of the environmental review conducted, the COLLEGE shall undertake such additional study as the CITY determines necessar� properlv evaluate the changes and assure that the negative declaration is still appropriate. 16 11.0 COLLEGE DEFAULT: 17 11.1 For purposes of this Agreement, the failure of the COLLEGE to perform any covenant, 18 obligation or agreement ofthe COLLEGE hereunder, and the continuance of such failure 19 for a period of thirty (30) days after written notice thereof from the City shall constitute a 20 COLLEGE default hereunder. Within the sixty (60) day period after notice is given, a 21 request may be made for a hearing (by either party) to be held before the City Council to 22 determine if a default has occurred. Upon the occurrence of COLLEGE default and 23 failure to cure, the City may withhold any certificate of occupancy for improvements 24 proposed to be constructed. 25 26 l 1.2 Notwithstanding anything herein to the contrary, the COLLEGE may convey a parcel or 27 parcels of land within the PUD to a third party, and the conveyed parcels shall remain 28 subject to all of the terms of the PUD specifically relating to said parcels. ln that case, 29 the parties agree as follows: 30 31 a. A default by the COLLEGE, or its successors in interest, in the performance of 32 the obligations hereunder, will not constitute a default with regard to the 33 conveyed parcel and will not entitle the CfTY to exercise any of its rights and 34 remedies hereunder with respect to such conveyed parcel, so long as the owner of 35 the conveyed parcel otherwise complies with applicable provisions of the PUD. 36 � 37 b. A default with regard to a conveyed parcel will not constitute a default with 38 regard to the parcels retained by the COLLEGE or other conveyed parcels, so 39 long as such retained or other conveyed parcels otherwise comply with applicable 40 provisions of this Agreement. 41 42 12.0 MISCELLANEOUS: 43 12.1 This Agreement shall be binding upon the parties, their heirs, successors, tenants, or m