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� ,-� <br />9.7 Tree Preservatiai/Site Landscaping. All trees existing indicated on the landscape plan must be <br />preserved and protected during constructioa Site landscaping shall include boulcvazd trees <br />consistent with the Roseville Street Tree Master Plan and augmentation oF those azeas where <br />trees were removed to make way for the development. A state registered landscape azchi[ect <br />must prepare the final landscape plan per Section 1010 of the Roseville City Code (Exhibit E). <br />9.8 Landscape Letter of Credit. Prior to the issuance of individual grading, excavation, foundation, <br />and/or building permits, the DEVELOPER must provide the CITY wi[h a landscape letter of <br />credit, bond, or other security acceptable to the City, in an amount equal to 150% of the full <br />cost of all landscaping, irrigation, and site restoration (Section 1010.14E) for [he development <br />as determined by the Community Development Department. <br />9.9 Association By-laws. The developer has provided the City with a copy of the DRAFC <br />homeowner's association by-laws. A copy of the Final recorded version must be submitted ro <br />the City for inclusion in the development file and prior to issuance of the Certificate of <br />Occupancy (Exhibit J). <br />10.0 DEVELOPER DEFAULT <br />A defaul[ with regard to a conveyed parcel will not constitute a default with regazd to the <br />parcels retained by the DEVELOPER or other conveyed parcels, so long as such retained or <br />other conveyed parcels otherwise comply with applicable provisions oF [his Agreement. <br />10.1 For purposes of this Agreeme�t, [he failure of the DEVELOPER ro perform any covenant, <br />obligation or agreement of the DEVELOPER hereunder, and the continuance of such failure for <br />a period of thiRy (30) days af[er written notice [hereof from the City (or such longer period of <br />time as may reasonably be necessary to cure any such default, if such default is not reasonably <br />curable within such thiRy (30) day period) shall constitute a DEVELOPER default hereunder. <br />Within the thirty (30) day period afrer notice is given, a request may made for a hearing (by <br />either party) to be held before the City Council [o determine if a default has occurred. Upon the <br />occurrcnce of DEVELOPER default, the City may wi[hhold any ceRificate of occupancy for <br />improvements proposed to be constructed. <br />10.2 Notwithstanding anything hercin to the contrary, the DEVELOPER may convey a parcel or <br />parcels of land within the PUD to a third party, and the conveyed parcels shall remain subject to <br />all of the terms of the PUD specifically relating to said parcels. In that case, the parties agree as <br />follows: <br />A. A default by the DEVELOPER, or its successors in interest, in the performance of the <br />obligations hereunder, will not constitute a default with regard to the conveycd parcel <br />and will not entitle the CTI'Y to exercise any of its rights and remedies hereunder with <br />respect [o such conveyed parcel, so long as the owner of the conveyed parcel otherwise <br />complies with applicable provisions of the PUD. <br />