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