4.10. SR 11-06-2017 - Laserfiche WebLink

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3. N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-17 Pines at Elk River\Pines at Elk River PUD Agreement Final.docx City to invoke against that party any remedy which City has under this PUD Agreement. 6.) Remedies - Should Developer or a Third Party breach any of the terms and conditions of this PUD Agreement, and if such breach is not cured within thirty (30) days after written notice, or if such cure shall reasonably require longer than thirty (30) days to cure within such longer period as shall be reasonably necessary to cure such breach provided Developer or the Third Party commences cure within such thirty (30) day period and diligently proceeds to cure such breach thereafter, City shall have any or all of the following remedies against the party who has breached: (01) Withhold issuance of building permits or certificates of occupancy for any structure within the Project; (02) Halt construction on public improvements not commenced or not completed; (03) Institute prosecution of Developer or the Third Party under the relevant provisions of the City Zoning Ordinance; (04) Draw upon any financial security provided the City to assure compliance; (05) Institute a civil action to compel compliance or recover damages or both. 7.) General Conditions - If Developer or a Third Party fails to comply with any of the provisions hereof, City may refuse to issue to the Party in breach a building permit or certificate of occupancy for any lot or parcel in the Project. Developer agrees to advise purchasers of the lot or parcel of the existence of this PUD Agreement and the obligations and restrictions created herein prior to the completion of a sale. Further, Developer agrees to save and hold City harmless from any and all claims or actions arising from the right to withhold the issuance of such permits and certificates and from other provisions hereof. 8.) Binding Effect - The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all Third Parties or other future owners of all or any part of the Project, and shall be deemed covenants running with the land. This agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Project, and all recording fees, if any, shall be paid by Developer. 9.) Severable - In the event that any portion of this PUD Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this PUD Agreement. 10.) Waiver - Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement, will not operate as or be construed to be a waiver of any subsequent breach of this Agreement.