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(02) Withhold issuance of building permits or certificates of occupan <br />structure within the Project; <br /> <br />(03) Halt construction on public improvements not commenced or not <br />completed; <br /> <br />(04) Institute prosecution of Developer or the Third Party under the <br />provisions of the City Zoning Ordinance; <br /> <br />(05) Draw upon any financial security provided the City to assure compliance; <br /> <br />(06) Institute a civil action to compel compliance or recover damages <br /> <br /> 7.) General Conditions - If Developer or a Third Party fails to comply with any <br />of the provisions hereof, City may refuse to issue to the Party ch a building permit or <br />certificate of occupancy for any lot or parcel in the Project. <br />purchasers of any lot or parcel within the Subdivision of the ex <br />Agreement and the obligations and restrictions created herein prior to the completion of a <br />sale. Further, Developer agrees to save and hold City harmless <br />actions arising from the right to withhold the issuance of such <br />from other provisions hereof. <br /> <br /> 8.) Binding Effect - The terms and provisions hereof shall be binding upon and <br />inure to the benefit of the heirs, representatives, successors a <br />and shall be binding upon all Third Parties or other future ownet of the <br />Project, and shall be deemed covenants running with the land. T <br />placed of record so as to give notice hereof to subsequent purc <br />all or any part of the Project, and all recording fees, if any, be paid by Developer. <br /> <br /> 9.) Severable - In the event that any portion of this PUD Agreement shall be <br />held invalid for any reason, the same shall not affect in any re <br />the remainder of this PUD Agreement. <br /> <br /> 10.) Waiver - Any waiver, whether express or implied, by any party of a breach of <br />any provision of this Agreement, will not operate as or be const <br />subsequent breach of this Agreement. <br /> <br /> 11.) Notices - All notices and demands specified herein shall be deemed <br />appropriately and timely given when delivered personally or depo <br />Main to the addresses hereinafter set forth by certified mail (r <br />addresses of the parties hereto are as follows until changed by written notice given as above: <br /> <br /> If to the City at: City of Elk River <br /> Attn: City Administrator <br /> 13065 Orono Parkway <br /> Elk River, Minnesota 55330 <br /> <br /> If to the Developer at: Washington Street Investors, LLC <br />. <br />4 <br /> <br />N:\Departments\Community Development\Planning\Case Files\P\P 15-01 West Oaks PUD\P 15-01 PUD <br /> <br />Agreement FINAL.doc <br />