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street will be extended. The developer shall submit details of the signage for review and approval prior to installation." The Development Agreement provides that if there are conflicts between the terms of the Development Agreement and the PUD conditions, the Development Agreement terms take precedence. Section 12.10 of the Development Agreement provides that the Agreement and the exhibits constitute the full understanding and agreement of the parties. Staff will add the PUD conditions as an exhibit to the Agreement so that it is clear that the PUD conditions are intended to be part of that full understanding and agreement. • Liability and Indemnification During the public hearing, Grey Eagle Estates residents expressed their concern that because Grey Eagle Court is a private street and because the property lines of the lots extend to the center of the street, if Grey Eagle Court is used for public safety and emergency purposes, they could be liable if someone were injured. Part of that concern stems from the width of the street (28 feet) and the fact that vehicles park along the street, making access by fire and other emergency vehicles difficult. In relevant part, the CC&R's for the Grey Eagle Estates subdivision provides that "Vehicles shall not be parked anywhere in the Project except wholly within Lots; provided however that parking of vehicles by Invitees is permitted on the Private Street for not more than one (1) night." The CC&R's also prohibit the parking of boats, trailers, commercial vehicles, RV's, etc. within the Project. The CC&R's also provide that no private street shall be obstructed and that no owner shall permit anything to be kept on the private street that would be in violation of any governmental statute, ordinance, rule, or regulation. Because the Lots do extend to the center of the private street, there is an argument that property owners can park their own vehicles along the street consistent with the CC&R's. By so doing, however, the parking of these vehicles cannot interfere with the public safety easement that has been granted to the City. Regardless of this project, if, in the future, the Fire Department determines that the parking of vehicles on the private streets unreasonably interferes with its ability to responds to emergencies, the City could take steps (such as posting no parking signs) to ensure the safe passage of emergency vehicles. In the discussions that staff has had with the Grey Eagle Estates representatives, staff has indicated it would be willing to recommend to the City Council that the City provide indemnification to the Grey Eagle Estates property owners in the remote possibility that someone actually was injured on their property during an emergency. If someone were injured during such an emergency and filed aclaim/brought a lawsuit against the property owner, the owner would tender defense/indemnification to the City. The City, PUD-33, Oak Grove Planned Unit Development Planning Commission Page 16