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<br />. <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 10 I 0.12 of the City Code <br />(Exhibit --.J. <br /> <br />10. Developer's Default <br /> <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 />e 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 />B. A default with regard to a conveyed parcel will not constitute a default with regard <br />to the parcels retained by the DEVELOPER or other conveyed parcels, so long as <br />such retained or other conveyed parcels otherwise comply with applicable provisions <br />of this Agreement. <br /> <br />11. Miscellaneous <br /> <br />A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, <br />as the case may be. <br /> <br />B. Breach of any material term of this Agreement by the DEVELOPER shall be grounds <br />for denial of building permits, except as otherwise provided in Section 10. <br /> <br />. <br /> <br />7 <br /> <br />. .... ~. . '.~._~ .......-'> ." v, <br />