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PL PACKET 04202010
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PL PACKET 04202010
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Last modified
4/19/2016 4:32:13 PM
Creation date
4/19/2016 4:32:01 PM
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SP Box #
33
SP Folder Name
PL PACKETS 2005-2011
SP Name
PL PACKET 04202010
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-u Vol. I . <br /> available to Developer and/or its tenants and their customers. It is <br /> understood that the on-street parking as currently proposed is necessary to <br /> meet the required parking ratios under the Amended and Restated <br /> Reciprocal Easement Agreement between and among Developer and <br /> certain adjoining landowners and certain of their lessees, dated April 30-1 <br /> 2004 (the "Amended REA"). <br /> DD. Developer shall have the right to place entrance monument signs on both <br /> the northwest and southwest quadrants of 39`b Avenue N. E. at Silver Lake <br /> Road in the locations shown on the Final Design Development Plan <br /> referenced in Section 3C, and in accordance with the sign elevations <br /> attached hereto as Exhibit B , provided Developer obtains the necessary <br /> easements for such monument signs from the applicable property owners <br /> in the Amended REA or otherwise. Developer shall also have the right to <br /> place directional monument signs in the public right of way of 39`h <br /> Avenue N.E. in the locations shown on the approved Site Plan and in <br /> accordance with the sign elevations attached as Exhibit B and to place <br /> landscaping and irrigation and lighting systems in said public right of way <br /> in accordance with the Final Design Development Plan referenced in <br /> Section 3C. <br /> 8. DEVELOPER's Default <br /> In the event of default by the DEVELOPER, as to any of the maintenance work to be <br /> performed by it under Section 7AA hereunder, the CITY may, at its option, perform the <br /> work and the DEVELOPER shall promptly reimburse the CITY for any expense, which it <br /> incurs. <br /> The CITY agrees to give the DEVELOPER written notice of its default not less than <br /> thirty (30) days prior to the commencement of the CITY's work. The CITY and the <br /> DEVELOPER recognize that weather conditions may affect the ability of the <br /> DEVELOPER to perform the work required to be performed hereunder and agree that <br /> such thirty (30) days shall not include those days on which weather conditions preclude <br /> performance by the DEVELOPER. <br /> This PUD Agreement is a license for the CITY to act. When the CITY does any such <br /> work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. <br /> If deemed impractical by the CITY, the above notice requirements shall not be required <br /> for the CITY to control erosion problems. <br /> 9. Miscellaneous. <br /> A. This PUD Agreement shall be binding upon the parties, their heirs, <br /> successors or assigns, as the case may be. <br /> B. Breach of any material term of this PUD Agreement by the DEVELOPER <br /> shall be grounds for denial of building permits. <br />
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