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6.12. SR 10-18-1999
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6.12. SR 10-18-1999
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10/18/1999
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<br />. <br /> <br />6. <br /> <br />Maintenance of Proiect Areas - <br /> <br />(0) Litter Control - Developer and all Third Party owners of lots within the <br />Subdivision shall pick up litter as needed, at least once per month (except <br />during winter weather), from: <br /> <br />( ) all parking and landscaped areas on their property <br /> <br />(a) public rights-of-way adjacent to their property, including the <br />Highway 169 right-of-way east of the northbound lane, the Main Street <br />Right-of-Way South of Main Street, the entire rights-of-way of Tyler Street <br />and Crossing Avenue, and all ponding and wetland areas within the Project. <br /> <br />. <br /> <br />(1) Maintenance Agreements - Developer shall provide evidence of <br />satisfactory provision for control and maintenance of jointly used or <br />commonly owned parking, drainage and landscaped areas within the Project. <br />Reciprocal parking and access easements and maintenance agreements shall <br />be provided to and approved by the City Attorney prior to the issuance of <br />certificates of occupancy so as to insure satisfactory control, ownership and <br />maintenance. These agreements shall provide that Developers and their <br />successors shall be obligated to maintain all common areas, drainage areas, <br />outlots and landscaping in the Project, including all wetland and ponding <br />areas, in perpetuity. <br /> <br />(2) Enforcement - Failure of Developer or a Third Party to meet its <br />maintenance obligations under this paragraph will be grounds for City to <br />invoke against that party any remedy which City has under this PUD <br />Agreement. <br /> <br />7. Remedies - Should Developer or a Third Party breach any of the terms <br />and conditions of this PUD Agreement, and if such breach is not cured within thirty <br />(30) days after written notice, or if such cure shall reasonably require longer than <br />thirty (30) days to cure within such longer period as shall be reasonably necessary <br />to cure such breach provided Developer or the Third Party commences cure within <br />such thirty (30) day period and diligently proceeds to cure such breach thereafter, <br />City shall have any or all of the following remedies against the party who has <br />breached: <br /> <br />(1) Withhold site plan approval for undeveloped lots; <br /> <br />(2) Withhold issuance of building permits or certificates of occupancy for <br />any structure within the Project; <br /> <br />. <br /> <br />(3) Halt construction on public improvements not commenced or not <br />completed; <br /> <br />5 <br />
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