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409635.4 200801581 In the event the Property abuts a public street, the portion of such right- of-way which adjoins the Property and which has not been improved by the appropriate governmental body as a street or highway shall be seeded, fertilized and mowed by such abutting Property Owner and maintained in the same condition as the grass areas within the Property. (9) Unless required otherwise by the Declaration, the Owner of the Property shall continuously provide and maintain a parking ratio which satisfies applicable City Code without variance or waiver but in no event fewer than (i) five (5) spaces per thousand feet of gross floor area if the Property is used for retail purposes, (ii) .95 parking spaces per guest room if the Property is utilized as a hotel or motel, or (iii) twelve (12) parking spaces per thousand square feet of gross floor area if the Property is used as a permitted restaurant. (to) No outdoor satellite shall be installed on the roof of any building or within or on any portion of the Property without the prior approval of Developer which will not be unreasonably withheld provided the size and design are acceptable and the view of which is substantially obstructed from public view. (11) Any area within the Property which houses refuse dumpsters or garbage containers shall be completely surrounded on three (3) sides with a wall the exterior of which shall be of the same materials as the building constructed on the Property; the entrance to such area shall be gated with wood or wrought iron. (12) Except as otherwise permitted herein or permitted by the Developer, no fences or barricades of any kind shall be constructed on the Property. (13) The Property may not be subdivided, in any manner, into smaller lots without the prior written consent of Developer, which may be withheld in its sole discretion. (14) All utilities and sewers serving and located within the Property shall be installed underground. (15) The roof of any building constructed within the Property shall not be metal. 4. Miscellaneous. A. All notices, requests, demands or other communications ("Notices") hereunder shall be in writing and given by certified mail, return receipt requested or by national overnight courier (e.g., Federal Express, UPS, Airborne) and, in the case of courier service, shall be effective as of the date of delivery to the intended recipient as shown on the courier's records, and in the case of mail, shall be effective three (3) days (excluding weekends and holidays) after mailing, delivery shall be deemed to have been made if the postal service or courier was not able to deliver due to change of address for which no Notice was given. Notices shall be addressed as shown below or to such other address as may be specified from time to time in writing by either party: 4