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V. The developer shall be responsible for consultant fee expenses involved in the development reVIew process. w. The developer shall provide a public access easement from Overlook Drive to Booth/Britz property . X. The preexisting sign for the Rosetown American Legion Club shall be allowed to remain on Outlot C of the Rosetown Ridge plat until such time as the American Legion Club ceases uses of the property. Succeeding uses shall not have the right to continue using this sign location. Y. The developer shall attach the April 22. 1996 amendment of the PUD agreement to the original and shall record the amendment with the original document. 8. DEVELOPER's Default. In the event ofa default by the DEVELOPER, as to any of the work to be performed by it hereunder, the CITY may withhold certificate of occupancies from the Developer or, at its option, perform such grading, landscaping, and sidewalk work, and the DEVELOPER shall promptly reimburse the CITY for any expense which it incurs. If the CITY is not reimbursed within 15 days from the date of the billing for the cost of performing such work, the CITY shall be reimbursed from the letter of credit identified in Section 7 -a above. The CITY agrees to give the DEVELOPER written notice of its default not less than thirty (30) days prior to the commencement ofthe CITY's work. The CITY and the DEVELOPER recognize the weather conditions may affect the ability of the DEVELOPER to perform the work required to be performed hereunder and agree that such thirty (30) days shall not include those days on which weather conditions preclude performance by the DEVELOPER. Notice to the Developer shall constitute, without further action, notice to any contractor or subcontractor. This Agreement is a license for the CITY to act. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. If deemed impractical by the CITY, the above notice requirements shall not be required by the CITY to control erosion problems. 9. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. No purchaser of a lot from the developer shall be deemed to assume any of the obligations of the developer under this agreement, nor shall any such purchaser be deemed to be an agent or assign of the developer for purposes of Section 9( c). - 6 -