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� <br />� <br />°� ��9.1 � Lighting. Parking lot and building facade lights shall be downcast, cutoff type, <br />� concealing the light source from view and preventing glare (Exhibit H). Lighting shall be <br />.. consistent throughout the development and meet the lighting requirements of Section <br />=+ 1010.12 of the City Code. <br />� 10. Developer's Default <br />6 For purposes of this Agreement, the failure of the DEVELOPER to perform any covenant, <br />7 obligation, or agreement hereunder, and the continuance of such failure for a period of 30 days after <br />8 written notice thereof from the City (or such longer period of time as may reasonably be necessary to <br />9 cure any such default, if such default is not reasonably curable within such 30 day period) shall <br />10 constitute a DEVELOPER default hereunder. Within the 30 day period after notice is given, a <br />11 request may made for a hearing (by either party) to be held before the Roseville City Council to <br />12 determine if a default has occurred. Upon the occurrence of DEVELOPER default, the City may <br />� 3 withhold any certificate of occupancy for improvements proposed to be constructed. <br />14 Notwithstanding anything herein to the contrary, the developer may convey a parcel or parcels of <br />15 land within the PUD to a third party, which conveyed parcels shall remain subject to all of the terms <br />^�� of the PUD specifically relating to said parcels. In that connection, the parties agree as follows: <br />' 7 A. A default by the DEVELOPER, or its successors in interest, in the performance of <br />18 the obligations hereunder, will not constitute a default with regard to the conveyed <br />19 parcel and will not entitle the CITY to exercise any of its rights and remedies <br />2o hereunder with respect to such conveyed parcel, so long as such conveyed parcel <br />2 � otherwise complies with applicable provisions of the PUD. <br />22 B. A default with regard to a conveyed parcel will not constitute a default with regard to <br />23 the parcels retained by the DEVELOPER or other conveyed parcels, so long as such <br />24 retained or other conveyed parcels otherwise comply with applicable provisions of <br />25 this Agreement. <br />26 11. Miscellaneous <br />27 A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, <br />�8 as the case may be. <br />2� B. Breach of any material term of this Agreement by the DEVELOPER shall be grounds <br />3o for denial of building permits, except as otherwise provided in Section 10. <br />3� C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this <br />32 Development Agreement is for any reason held invalid as a result of a challenge <br />33 brought by the DEVELOPER, their agents or assigns, the balance of this Agreement <br />3=+ shall nevertheless remain in full force and effect. <br />35 D This Agreement shall run with the Subject Property and shall be recorded in the <br />3F Ramsey County Recorder's Offce by the CITY. <br />37 E. This Agreement shall be liberally construed to protect the public interest. <br />Page 8 of 11 <br />