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constructed with the first lift of asphalt. 9.12 Association Declaration. The Developer shall provided the City with a copy of the DRAFT Declaration of Covenants, Conditions & Restrictions and Project Summary (Exhibit �, and shall incorporate these PUD requirements into the Declarations. 9.13 Anticipated Development Schedul� The Developer shall submit and abide (as best as possible) by the anticipated schedule for site work and structureconstruction(Exhibit M). 10.0 DEVELOPER DEFAULT: 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. 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 thiriy (30) days after written notice thereof from the City (or such longer period of time as may reasonably be necessary to cure any such default, if such default is not reasonably curable within such thiriy (30) day period) shall constitute a DEVELOPER default hereunder. Within the thiriy (30) day period after notice is given, a request may 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, 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 pariy, 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: A. 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. B. 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. �