5.8 PCSR 08-23-1994 - Laserfiche WebLink

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( 10 ) That the Developer reimburse the City for all cost • incurred for reviewing this request. ( 11 ) That the petitioner enter into a PUD agreement with the City reflecting the conditions set on the PUD by the City Council . ( 12 ) Parking shall be located on the west portion of the Property facing Highway 169 and away from the residential area to the east . 4 . ) General Provisions - ( 01 ) Building and Occupancy Permits - If the Developer fails to comply with any of the provisions hereof, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Development . City will not issue any building permit for any lot or parcel in the Development until all of the conditions set forth in Section 6 above have been met in full . City will not issue any Certificate of Occupancy for any building constructed on any lot or parcel in the Development until all of the conditions set forth in Section 3 above have been met in full . Developer agrees to advise purchasers of any lot or parcel within the Development of the existence of this Contract and the obligations and restrictions created • herein prior to the completion of a sale. Further, Developer agrees to save and hold the City harmless from any and all claims or actions arising from the right to withhold the issuance of such permits and certificates . ( 02 ) 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 future owners of all or any part of the Development and shall be deemed covenants running with the land. References herein to Developer, if rather be more than one, shall mean each and all of them. A certificate evidence the existence and terms of this Agreement, at the option of the City, shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees, if any, shall be paid by the Developer. ( 03 ) Severable - In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement . ( 04 ) 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 . 5 .