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the terms and conditions set forth in this Agreement, the City shall <br /> have the discretion and rights which it would otherwise have with <br /> regard to the various permits and further approvals required for the <br /> development of the Property pursuant to the Zoning Ordinance, policies <br /> and regulations. Such discretion includes, but is not necessarily <br /> limited to parking and circulation arrangements, landscaping, <br /> signing, lighting, energy conservation, security, screening of refuse <br /> and utility areas and building and site design and appearance; <br /> further provided, however, that the City shall exercise its discretion <br /> in a manner which is consistent with the terms, conditions and <br /> purposes of this Agreement. The provisions of this §206 to the <br /> contrary notwithstanding, UACI shall not be required to apply to the <br /> City for the various permits and approvals necessary to develop the <br /> subject Property as a planned unit development if UACI gives to the <br /> City a written notice that it will develop the property for a use and <br /> in a manner permitted as a matter of right under the then - current <br /> ordinances of the City pertaining to zoning, except to the extent any <br /> such permits and approvals may be required by such ordinances. Any <br /> such election by UACI shall, however, constitute a waiver by UACI the <br /> benefit of the parking credit set forth in §204 of this Agreement and <br /> a waiver of any limitation imposed by this Agreement upon the <br /> discretion of the City with respect to the subject Property and the <br /> development thereof. <br /> UACI Dev. Agmt <br /> 5/23/85 <br /> Page 10 of 19 <br />