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" , 4. Compliance with Laws and Regulations. The DEVELOPER represents to the CITY that the proposed Development complies with all City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to: Subdivision Ordinances, Zoning Ordinances and Environmental Regulations. The DEVELOPER agrees to comply with such laws and regulations. 5. Rezoning. The CITY conducted hearings to consider the rezoning of the Subject Property from R-1 Single Family Residential to PUD Planned Unit Development. The CITY agrees to rezone the Subject Property to PUD, subject to the DEVELOPER's strict compliance with the approved plans, and the terms and conditions of this agreement. (Minor variations from the approved plans may be approved by the CITY's Design Review Committee, under the direction of the Community Development Director). Substantial departures from the approved plans will require an amendment to the Planned Unit Development in accordance with Section 1008 of the Roseville Zoning Ordinance. Failure by the DEVELOPER to commence development activity, in accordance with the Final Development Plans, within one year following the final approval of this Planned Unit Development will necessitate the approval of an extension of the development schedule by the City Council prior to the expiration of the one year period. If an extension is not applied for, the Council may instruct the Planning Commission to initiate rezoning to the original zoning district. The PUD shall be limited to the coffee shop use described in the application and the attached plans. All other land uses within this PUD shall comply with the approved land use requirements and setbacks of the underlying "R-1" zone. Any increase in size or intensity of use (without a PUD amendment approval) shall be considered in violation of this agreement. 6. DEVELOPER's Default. In the event of a 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 below. The CITY agrees to give the DEVELOPER written notice of its default not less than thirty (30) days prior to the commencement of the 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 - 2 -