WG 16-1; SR 16-1; ARB 16-3 <br />Scope of Work: All construction, development, improvement, landscaping, lighting and <br />design, or construction and continuing maintenance activities in connection with this <br />development are to be in compliance with this Agreement and its attached exhibits. All <br />development shall conform to applicable provisions and requirements of the City Code <br />unless specifically exempted herein. <br />d. Si&ns: All permanent signs within the development shall conform to Eugene Sign Code Sections <br />9.6600 to 9.6680, or the corresponding provision of any future law. <br />Indemnity: To the extent legally possible, the Developer agrees to hold the City harmless <br />from any and all costs, damages, or liabilities to third persons which may hereafter arise by <br />reason of claims of personal injuries or property damages sustained by third persons as a <br />result of physical conditions existing in the development including, but not limited to, <br />liability based upon design features of the development and/or its maintenance. <br />2. ADDITIONS, DELETIONS, OR MODIFICATIONS <br />Any addition, deletion, or modification of this Agreement, including exhibits, is subject to <br />review and written consent by the Planning Director or the Planning Director's designee. <br />3. ENFORCEMENT <br />a. Noncompliance: Failure by the Developer to comply with the following shall constitute a <br />breach of this Agreement, and upon breach of this Agreement City may refuse to issue or <br />may revoke occupancy permits: <br />(1) Developer shall perform and complete the work upon the development within the <br />terms of this Agreement, its exhibits, and applicable law; <br />(2) Developer shall employ a competent superintendent to be in attendance at the <br />development site during the progress of work; <br />(3) Developer shall supply enough properly skilled workers or proper materials (except in <br />cases in which an extension of time is available) to complete the development in a <br />timely manner; <br />(4) Developer shall operate and maintain the development in a satisfactory condition in <br />conformance with this Agreement, its exhibits, and applicable law. <br />Liquidated Damages: As a separate remedy apart from any remedy otherwise allowed <br />under this Agreement or otherwise allowed under Oregon law, the City may, within its sole <br />discretion, determine to seek damages from the Developer for a breach of this Agreement. <br />If the City elects to pursue this remedy, it shall first notify the Developer with reasonable <br />particularity of the nature of the breach and shall afford the Developer a reasonable time <br />within which to cure. It is mutually understood and agreed between the parties that <br />Page 3 of 5 <br />