4.4 SR 03-07-2022 - Laserfiche WebLink

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(03) Institute prosecution of Developer or the Third Party under the relevant provisions of the City Zoning Ordinance; (04) 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. 11.) Notices - All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States Main 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: If to the City at: City of Elk River Attn: City Administrator 13065 Orono Parkway Elk River, Minnesota 55330 If to the Developer at: The Delta Apartments, LLC Attn: Mark Buchholz th 4051 66 Street S Fargo, ND 58103 3. N:\\Public Bodies\\Agenda Packets\\03-07-2022\\Final\\4.4 at2 PUD Agreement Delta Apartments.docx