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Attachment E <br />9.16 Signage. Within the subject property, facade signage for the new "life style" component <br />shall be restricted to 1.5 sq. ft. times the lineal feet of tenant frontage. Facade signs shall <br />be back-lit or internally-lit channel letters (can include corporate logo) or a wall mounted <br />proj ection sign. Theater signage shall be permitted per the submitted elevations. <br />Bookstore signage shall be allowed a north facing and south facing sign. <br />9.17 Ligbting. Parlcing lot lighting adjacent to the new improvements shall be consistent with <br />the remainder of the DEVELOPER's owned property at Rosedale Shopping Center and <br />meet the lighting requirements of Section 1010.12 of the City Code. Lighting of <br />pedestrian accesses and the plaza shall be of a pedestrian scale and a decorative style. <br />9.18 Anticipated Development Schedule. The DEVELOPER shall supply the anticipated <br />schedule for site work, structure construction, and tenant space occupation (Exhibit I). <br />9.19 Transit. Public Transit. The DEVELOPER and Metro Transit shall enter into a <br />Amended & Restated Transit Hub Agreement (Rosedale), in the form of the attached <br />(Exhibit B). <br />10.0 DEVELOPER DEFAULT: <br />10.1 For purposes of this AGREEMENT, the failure of the DEVELOPER to perform any <br />covenant, obligation or agreement of the DEVELOPER hereunder, and the continuance <br />of such failure for a period of thirty (30) days after written notice thereof from the City <br />shall constitute a DEVELOPER default hereunder. Within the sixty (60) day period after <br />notice is given, a request may be made for a hearing (by either party) to be held before the <br />City Council to determine if a default has occurred. Upon the occurrence of <br />DEVELOPER default and failure to cure, the City may withhold any certificate of <br />occupancy for improvements proposed to be constructed. <br />10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel <br />or parcels of land within the subject property to a third party, and the conveyed parcels <br />shall remain subject to all of the terms of this PUD AGREEMENT specifically relating to <br />said parcels. In that case, the parties agree as follows: <br />1. 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 the owner of the <br />conveyed parcel otherwise complies with applicable provisions of this PUD <br />AGREEMENT. <br />2. 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 />11 <br />