4.10a SR 10-05-2020 - Laserfiche WebLink

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7.) Remedies - Should Developer or a Third Party breach any of the terms and conditions of the PUD Agreement or this Amended 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 (and the property owned by such party) who has breached: (01) Withhold issuance of building permits or certificates of occupancy for any structure within the Project; (02) Halt construction on 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. During construction of the Project, Wells Fargo Bank, National Association shall have the right (but not obligation) to cure any such breaches within the time periods set forth in this Section. Further, the partners of any Third Party shall have the right, but not obligation, to cure any breach by a Third Party under the PUD Agreement and this Amended PUD Agreement within the time periods set forth in this Section. 8.) Additional Specific Conditions (01) The conditions set forth in the City Council’s approval of the CUP for the Project and in Resolution No. 20-XX attached hereto as Exhibit B, approving the final plat of the Project, are specifically incorporated into this Amended PUD Agreement and made a part hereof. Violation of any of the conditions set forth in this Resolution shall be a violation of the terms of this Amended PUD Agreement. (02) Proof of Parking – For a period of three years after issuance of a certificate of occupancy for the Project, City will monitor parking capacity and utilization at the Project. If City determines, in its sole discretion, that the parking provided on Lot 1 to serve the Project is inadequate to meet the demand for parking generated by the Project, City shall have the right to require Developer, or a Third Party then in ownership of Lot 1 and/or Outlot A, to provide up to an additional 30 parking spaces on Outlot A to serve the Project. The additional parking spaces on Outlot A may be developed as a stand-alone parking lot (subject to site plan review as provided in the Amended PUD Agreement), or may be incorporated into the site plan for a future development on Outlot A, but must be for exclusive use 5. N:\\Departments\\Community Development\\Planning\\Case Files\\CUP\\CU 20-07 CB Elk River Housing Limited Partnership\\5-City Council\\Planned Unit Development Agreement.doc