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2002_0617_packet
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2002_0617_packet
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9.16 Lighting. Parking lot lights shall be downcast, cutoff (shoebox) style that are recessed or <br />conceal the light source from adjacent property owner view and prevent glare. Lighting <br />shall be consistent throughout the development and meet the lighting requirements of <br />Section 1010.12 of the City Code (Exhibit G). <br />9.17 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 <br />for inclusion in the development file and prior to issuance of the Certificate of <br />Occupancy (Exhibit I�. <br />9.18 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 />9.19 Public Right-of- Way Dedication. The necessary public right-of-way dedication for <br />Le�ngton Avenue and Roselawn Avenue must be included on the subdivision plat for the <br />development referred to as Roselawn Village Addition, and approved by the Public <br />Works Director. <br />9.20 Utility & l�rainage Easements. All easement documents to be recorded for the purpose <br />of access, parking and/or utilities must be included on the easement plan (E�ibit E) and <br />approved by the Public Works Director. <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 <br />or other conveyed parcels otherwise comply with applicable provisions of this <br />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 <br />continuance of such failure for a period of thirty (30) days after written notice <br />thereof from the City (or such longer period of time as may reasonably be <br />necessary to cure any such default, if such default is not reasonably curable within <br />such thirty (30) day period) shall constitute a DEVELOPER default hereunder. <br />Within the thiriy (30) day period after notice is given, a request may made for a <br />hearing (by either party) to be held before the City Council to determine if a <br />default has occurred. Upon the occurrence of DEVELOPER default, the City <br />may withhold any certificate of occupancy for improvements proposed to be <br />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 parry, and the conveyed parcels <br />shall remain subject to all of the terms of the PUD specifically relating to said <br />� <br />
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