Laserfiche WebLink
<br />. <br /> <br />(4) Institute prosecution of Developer or the Third Party under the <br />relevant provisions of the City Zoning Ordinance; <br /> <br />(5) Draw upon any financial security provided the City to assure <br />compliance; <br /> <br />(6) Institute a civil action to compel compliance or recover damages or <br />both. <br /> <br />8. Additional Specific Conditions - The conditions set forth in Resolution <br />No. 99- approving the Conditional Use Permit for the Project are specifically <br />incorporated into this PUD Agreement and made a part hereof. Violation of any of <br />the conditions set forth in that Resolution shall be a violation of the terms of this <br />PUD Agreement. <br /> <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 breach a <br />building permit or certificate of occupancy for any lot or parcel in the Project. <br />Developer agrees to advise purchasers of any lot or parcel within the Project of the <br />existence of this PUD Agreement, and the obligations and restrictions created <br />herein prior to the completion of a sale. Further, Developer agrees to save and hold <br />City harmless from any and all claims or actions arising from the right to withhold <br />. the issuance of such permits and certificates and from other provisions hereof. <br /> <br />10. Binding Effect - The terms and provisions hereof shall be binding upon <br />and inure to the benefit of the heirs, representatives, successors and assigns of the <br />parties hereto and shall be binding upon all Third Parties or other future owners of <br />all or any part of the Project, and shall be deemed covenants running with the land. <br />This agreement shall be placed of record so as to give notice hereof to subsequent <br />purchasers and encumbrances of all or any part of the Project, and all recording <br />fees, if any, shall be paid by Developer. <br /> <br />11. Severable - In the event that any portion of this PUD Agreement shall <br />be held invalid for any reason, the same shall not affect in any respect whatsoever <br />the validity of the remainder of this PUD Agreement. <br /> <br />12. Waiver - Any waiver, whether expressed or implied, by any party or a <br />breach of any provision of this Agreement, will not operate as or be construed to be <br />a waiver of any subsequent breach of this Agreement. <br /> <br />13. Notices - All notices and demands specified herein shall be deemed <br />appropriately and timely given when delivered personally or deposited in the <br />United States Mail to the addresses hereinafter set forth by certified mail (return <br />receipt requested). The addresses of the parties hereto are as follows until changed <br />. by written notice given as above: <br /> <br />6 <br />