PDF 05-6) <br />requirements of Eugene Code Section 9.8310(2)(b) (or the corresponding provision of any future <br />such law). The City's Principal Planner may withhold approval of a requested change of <br />personnel on a design team when the Developer fails to demonstrate that the proposed change of <br />personnel will not unreasonably delay or otherwise limit the orderly completion of the project in <br />accordance with the construction documents and this Agreement. <br />g. Indemnity: The Developer agrees to hold the City harmless from any and all costs, damages, or <br />liabilities to third persons which may hereafter arise by reason of claims of personal injuries or <br />property damages sustained by third persons as a result of physical conditions existing in the <br />planned unit development, including, but not limited, to liability based upon design features of <br />the planned unit development and/or its maintenance. <br />2. ADDITIONS, DELETIONS, OR MODIFICATIONS <br />Any additions, deletions, or modifications to this Agreement, including the exhibits, are subject to <br />provisions of Section 9.7025 of the Eugene Code (or the corresponding provision of any such future <br />law). <br />3. ENFORCEMENT <br />a. Occupancy: The Developer shall not apply for a temporary certification of occupancy for any <br />dwelling units until final completion of all public and common area improvements governed by <br />this Agreement. If only landscaping and site improvements remain uncompleted, the Developer <br />may apply for temporary certificates of occupancy for the entire phase of the project upon the <br />posting of a satisfactory commercial performance and payment bond, or deposit with the City of <br />funds, in an amount sufficient to complete landscaping and site improvements, or upon other <br />terms and conditions the City may impose. The amount to be bonded or deposited shall be <br />determined by the Developer's submission of bids to the City for all necessary labor and material <br />effective to and including the time the landscaping and site improvement is to be accomplished. <br />The period of time within which landscaping and site improvement is to be final no more than <br />180 days after issuance of the certificate of occupancy for the development. <br />b. Non-Compliance: Failure by the Developer to comply with the following shall constitute a <br />breach of this Agreement and is grounds for refusal to issue further building permits: <br />1) Conform the work upon the development to the terms of this Agreement or applicable City <br />law; or <br />2) Complete the work (general construction and landscaping) in compliance with the terms of <br />this Agreement, and the applicable City law; or <br />3) Maintain the development in satisfactory condition in conformance with this Agreement and <br />applicable City law. <br />c. Liquidated Damages: As a separate remedy, the City, within its sole and unfettered discretion, <br />may determine to seek damages from the Developer for the breach. If the City elects to pursue <br />this remedy, it shall first notify the Developer with reasonable particularity of the nature of the <br />breach and shall afford the Developer a reasonable time within which to cure. It is mutually <br />Page 3 of.