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Vol. <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 adjoininglandowners and certain of their lessees, dated April 3o_; <br />294 (the "Amended REA"). <br />DD. D)Dv1dopw%h <br />��arl�in�ltei�oxaabv►rs nsi�P <br />dna®d��ino#acax> 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. 3 atraicaper ch t!g 1� <br />.- ..mane..:.�irsxs}ir•nnl,......:..,, «.e..F ......... ... .e ___amu_ �_.-. - ., .... <br />- --- ..._,Y__..._ <br />josigualeattottatthd��rdnl�it and to place <br />landscaping and irrigation and lighting systems in said publicright of way <br />m accordance with the Final Design Development Plan referenced in <br />Section 3C. <br />8. DEYELOPER'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 />OW <br />