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9.29 Lighting. Street and parking lot lights shall be of a decorative style. Lighting shall be consistent throughout the development and meet the lighting requirements of Section 1010.12 of the City Code (Exhibit G). 9.30 Anticipated Development Schedule. The City is in receipt of the Developer's anticipated schedule for site work, structure construction, and tenant space occupation (Exhibit J). 9.31 Public Right-of-Way Dedication. The necessary public trail and right-of-way dedication for Arona Street, Applewood Court, and Terrace Drive shall be included on the subdivision plat (or be recorded against the plat) for the development referred to as Applewood Pointe of Arona, and approved by the Public Works Director. 9.32 Master Easements Document. All easement documents to be recorded for the purpose of access, parking and/or utilities must be included on the easement plan (Exhibit E) and be approved by the Public Works Director. 9.33 Parks, Ponds, and Trails Dedication and Construction. The DEVELOPER shall be responsible for the construction and conveyance to the City of 2.2 acres (approximate) for public park, located along the north boundary of the development and 2.4 acres (approximate) of public pond and trail. The DEVELOPER shall construct minimum improvements as stipulated in the Subdivision and Public Improvement Contract. 10.0 DEVELOPER DEFAULT 10.1 For purposes of this Agreement, the failure of the DEVELOPER to perform any covenant, obligation or agreement of the DEVELOPER hereunder, and the continuance of such failure for a period of thirty (30) days after written notice thereof from the City shall constitute a DEVELOPER default hereunder. Within the sixty (60) day period after notice is given, a request may be made for a hearing (by either party) to be held before the City Council to determine if a default has occurred. Upon the occurrence of DEVELOPER default and failure to cure, the City may withhold any certificate of occupancy for improvements proposed to be constructed. 10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel or parcels of land within the PUD to a third party, and the conveyed parcels shall remain subject to all of the terms of the PUD specifically relating to said parcels. In that case, the parties agree as follows: 1. A default by the DEVELOPER, or its successors in interest, in the performance of the obligations hereunder, will not constitute a default with regard to the conveyed parcel and will not entitle the CITY to exercise any of its rights and remedies hereunder with respect to such conveyed parcel, so long as the owner of the conveyed parcel otherwise complies with applicable provisions of the PUD. 2. A default with regard to a conveyed parcel will not constitute a default with regard to the parcels retained by the DEVELOPER or other conveyed parcels, so long as such retained or other conveyed parcels otherwise comply with applicable provisions of this Agreement. 13 Doc# 178570812