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<br />9.16 Lighting. Parking lot and any building facade lights shall be downcast, cutoff type, <br />concealing the light source from view and preventing glare. Lighting shall be consistent <br />throughout the development and meet the lighting requirements of Section 1010.12 of the <br />City Code (Exhibit J). <br /> <br />9.17 Homeowners Association & Covenants. The DEVELOPER shall provide the City with one <br />complete signed copy of the homeowner's association by-laws, covenants, and maintenance <br />plan. (Exhibit L) <br /> <br />10. Developer's Default <br /> <br />For purposes of this Agreement, the failure of the DEVELOPER to perform any covenant, <br />obligation or agreement of the DEVELOPER hereunder, and the continuance of such failure for <br />a period of thirty (30) days after written notice thereof 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 thirty (30) day period) shall constitute a DEVELOPER default hereunder. <br />Within the thirty (30) day period after notice is given, a request may made for a hearing (by either <br />party) to be held before the Roseville City Council to determine if a default has occurred. Upon <br />the occurrence of DEVELOPER default, the City may withhold any certificate of occupancy for <br />improvements 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 <br />terms of the PUD specifically relating to said parcels. In that connection, the parties agree as <br />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 <br />provisions 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 />7 <br />