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<br />;,.' "~; '.". :.~",.:'.'.';":;"~', "'.:J''"'''''~ _-..-.";...',' "':" _I'~-"';,;,"'." <br /> <br />9.14 Trash/Recycling Container. The trash/recycling container area shall be located on the north <br />side of the facility, facing west, fully enclosed, and adjacent the liquid nitrogen canister. <br /> <br />9.15 Off-Street Parking. Off-street parking areas shall be improved as shown on the approved site <br />development plan (Exhibit~, and shall include hard surfacing (bituminous), concrete <br />perimeter curbing, and a drainage plan. The site plan shall provide 26 off-street parking <br />stalls, including one (1) handicapped stall. No semi tractor/ trailer, recreational vehicle, or <br />trailer parking (daytime or evening) shall be allowed on the site, except while delivering <br />materials. So long as the DEVELOPER maintains its use of the property as contemplated <br />in this agreement, the off-street parking areas constructed in accordance with the approved <br />site development plan (Exhibit ~ shall be satisfactory to the CITY. <br /> <br />9.16 Loading Areas. Loading activities shall be restricted to 7:00 a.m. to 9:00 p.m. weekdays. <br /> <br />9.17 Signage. Ground-mounted signage shall be limited to a sign setback 15 feet from the west <br />property line, constructed of brick, include a four foot tall base, a height of six (feet) nine and <br />one half (9-1/2) inches and a square footage notto exceed 75 square feet. Facade signage <br />shall be limited to that allowed by Section 1009.08E, 7% or 150 square feet per tenant <br />(Exhibit~. No other signagelbanding shall be located on the canopy or building. <br /> <br />9.18 Lighting. Parking lot and building facade lights shall be downcast, cutoff type, concealing <br />the light source from view and preventing glare. Lighting shall be consistent throughout the <br />development and meet the lighting requirements of Section 1010.12 of the City Code <br />(Exhibit ~. <br /> <br />10. Developer's Default <br />For purposes of this Agreement, the failure of the DEVELOPER to perform any covenant, obligation <br />or agreement of the DEVELOPER hereunder, and the continuance of such failure for a period of <br />thirty (30) days after written notice thereof from the City (or such longer period of time as may <br />reasonably be necessary to cure any such default, if such default is not reasonably curable within <br />such thirty (30) day period) shall constitute a DEVELOPER default hereunder. Within the thirty <br />(30) day period after notice is given, a request may made for a hearing (by either party) to be held <br />before the Roseville City Council to determine if a default has occurred. Upon the occurrence of <br />DEVELOPER default, the City may withhold any certificate of occupancy for improvements <br />proposed to be constructed. <br /> <br />Notwithstanding anything herein to the contrary, the developer may convey a parcel or parcels of <br />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 /> <br />A. A default by the DEVELOPER, or its successors in interest, in the performance of <br />the obligations hereunder, will not constitute a default with regard to the conveyed <br />parcel and will not entitle the CITY to exercise any of its rights and remedies <br />hereunder with respect to such conveyed parcel, so long as such conveyed parcel <br />otherwise complies with applicable provisions of the PUD. <br /> <br />7 <br />