4.10a SR 10-05-2020 - Laserfiche WebLink

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of the tenants, employees, and guests of the Project. Any development on Outlot A before this condition expires shall include, in addition to adequate parking as approved by the City for the proposed development, proof of 30 additional parking spaces for potential future use by the Project. (03) This condition shall expire three years after the date of issuance of a certificate of occupancy for the Project, but only if the City has not given Developer, or the then Third Party owner of Lot 1, and/or Outlot A, written notice by that date that installation of the 30 additional parking spaces is being required pursuant to this Amended PUD Agreement and the conditions for the land use approvals for the Project. (04) Sidewalk to Holt Street – Developer shall install, prior to issuance of a certificate of occupancy for the Project, a sidewalk across Lot 1 and Outlot C connecting the Project to the existing sidewalk on Holt Street. 9.) 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 Subdivision. Developer agrees to advise purchasers of any lot or parcel within the Subdivision of the existence of this Amended 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. 10.) Binding Effect - The terms and provisions hereof shall run with the land and 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 Subdivision, and shall be deemed covenants running with the land. This Amended PUD Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision, and all recording fees, shall be paid by the Developer. 11.) Severable - In the event that any portion of this Amended 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 Amended PUD Agreement. 12.) Waiver - Any waiver, whether express or implied, by any party of a breach of any provision of this Amended PUD Agreement, will not operate as or be construed to be a waiver of any subsequent breach of this Amended PUD Agreement. 13.) Notices - All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States Mail to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: 6. 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