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(03) Enforcement - Failure of Developer or a Third Party to meet its <br />maintenance obligations under this paragraph will be grounds for City <br />to invoke against that party any remedy which City has under this PUD <br />Agreement. <br />7.) Remedies - Should Developer or a Third Parry breach any of the terms <br />and conditions of this PUD Agreement, and if such breach is not cured <br />within thirty (30) days after written notice, or if such cure shall <br />reasonably require longer than thirty (30) days to cure, within such <br />longer period as shall be reasonably necessary to cure such breach, <br />provided Developer or the Third Parry commences cure within such <br />thirty (30) day period and diligently proceeds to cure such breach <br />thereafter, City shall have any or all of the following remedies against <br />the party who has breached: <br />(01) Withhold issuance of building permits or certificates of occupancy for <br />any structure within the Project; <br />(02) Halt construction on public improvements not commenced or not <br />completed; <br />(03) Institute prosecution of Developer or the Third Party under the relevant <br />provisions of the City Zoning Ordinance; <br />(04) Draw upon any financial security provided the City to assure <br />compliance; <br />(05) Institute a civil action to compel compliance or recover damages or <br />both. <br />8.) Additional Specific Conditions — The conditions set forth in the City <br />Council's approval of the Conditional Use Permit for the Project and in <br />Resolution No. 00 - 39 attached hereto as Exhibit B, approving the final <br />plat of the Project, are specifically incorporated into this PUD <br />Agreement and made a part hereof. Violation of any of the conditions <br />set forth in this Resolution shall be a violation of the terms of this PUD <br />Agreement. <br />9.) General Conditions - If Developer or a Third Party fails to comply with <br />any of the provisions hereof, City may refuse to issue to the Party in <br />breach a building permit or certificate of occupancy for any lot or parcel <br />in the Project. Developer agrees to advise purchasers of any lot or <br />parcel within the Subdivision of the existence of this PUD Agreement <br />and the obligations and restrictions created herein prior to the <br />completion of a sale. Further, Developer agrees to save and hold City <br />4. <br />SAPLANNINGLAGREEMMMiss Ridge PUD.DOC <br />