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VOL L . available to Developer and/or its tenants and their customers. It is (" understood that the on-street parking as currently proposed is necessary to meet the required parking ratios under the Amended and Restated Reciprocal Easement Agreement between and among Developer and certain adjoining landowners and certain of their lessees,dated April 30 , 2004(the "Amended REA"). DD. Developer-shall--have,the bright to,pl_a_c_e_=e mumu on-Wh the-noAweat ani°southwest'quadrants=of39---Av-enueiNzE-:-at SilverEYLake RoadF-in--the vlocations-,showtiLTon--the=-Fina nDesi Development flan, ,referenced.4m Section=M, and in accordance with the sign elevations attached hereto as Exhibit B , provided Developer obtains the necessary easements for such monument signs from the applicable property owners in the Amended REA or otherwise. I)eveioRerRshall�alsQ vpithe,right-too,, place-,directiond i-monument r-,public ri&7of�.way,,:of�Y392 _Avera Site?lanaand_4in;, accordance.,,with,:the-sign-,elevationsEattachedza–atExhibit�;B1 and to place landscaping and irrigation and lighting systems in said public right ofway in accordance with the Final Design Development Plan referenced in Section 3C. 8. DEVELOPER's Default In the event of default by the DEVELOPER, as to any of the maintenance work to be performed by it under Section 7AA hereunder, the CITY may, at its option, perform the work and the DEVELOPER shall promptly reimburse the CITY for any expense,which it incurs. The CITY agrees to give the DEVELOPER written notice of its default not less than thiry (30) days prior to the commencement of the CITY's work. The CITY and the DEVELOPER recognize that weather conditions may affect the ability of the DEVELOPER to perform the work required to be performed hereunder and agree that such thirty (30) days shall not include those days on which weather conditions preclude performance by the DEVELOPER. This PUD Agreement is a license for the CITY to act. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. If deemed impractical by the CITY, the above notice requirements shall not be required for the CITY to control erosion problems. 9. Miscellaneous. A. This PUD Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of any material term of this PUD Agreement by the DEVELOPER shall be grounds for denial of building permits.