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9.18 Association By-laws. The developer has provided the City with a copy of the DRAFT <br />association by-laws. A copy of the final recorded version must be submitted to the City for <br />inclusion in the development file and prior to issuance of the Certificate of Occupancy (Exhibit <br />�• <br />9.19 Anticipated Development Schedule. The City is in receipt of the Developer's anticipated <br />schedule for site work, structure construction, and tenant space occupation (Exhibit �. <br />9. 20 Park Dedication. <br />9.21 Public Right-of- Way Dedication. <br />9.22 Utility & l�rainage �'asements. <br />10.0 DEVELOPER DEFAULT <br />A default with regard to a conveyed parcel will not constitute a default with regard to the <br />parcels retained by the DEVELOPER or other conveyed parcels, so long as such retained or <br />other conveyed parcels otherwise comply with applicable provisions of this Agreement. <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 />(or such longer period of time as may reasonably be necessary to cure any such default, <br />if such default is not reasonably curable within such thirty (30) day period) shall <br />constitute a DEVELOPER default hereunder. Within the thirty (30) day period after <br />notice is given, a request may 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, the City may withhold any certificate of occupancy for <br />improvements proposed to be constructed. <br />10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a <br />parcel or parcels of land within the PUD to a third party, and the conveyed parcels shall <br />remain subject to all of the terms of the PUD specifically relating to said parcels. In <br />that case, the parties agree as follows: <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 the owner of the <br />conveyed parcel otherwise complies with applicable provisions of the PUD. <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 />a <br />