4.13 SR 06-20-2022 - Laserfiche WebLink

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(03) Institute prosecution of Developer or the Third Party under the relevant provisions of the Cit�T Zoning Ordinance; (04) Institute a civil action to compel compliance or recover damages or both. 7.) General Conditions - If Developer or a Third PartyT fails to complyT `vith anyT of the provisions hereof, CityT ma�T refuse to issue to the Party in breach a building permit or certificate of occupancy for any lot oY parcel in the Project. DevelopeY agYees 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 Cittr harmless from anyT and all claims or actions arising from the right to `vithhold 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 anyT part of the PYoject, and shall be deemed covenants Yunning with the land. This agYeement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or anyT part of the Project, and all recording fees, if any, shall be paid byT Developer. 9.) Severable - In the event that any portion of this PUD Agreement shall be held invalid foY an�r reason, the same shall not affect in any Yespect tivhatsoeveY the validityr of the YemaindeY of this PUD AgYeement. 10.) Waiver - AnyT waiver, �uhether express or implied, b�T an�T partyT of a breach of an�T provision of this Agreement, will not operate as or be construed to be a`vaiver of anyT subsequent breach of this Agreement. 11.) Notices - r1ll notices and demands specified heYein shall be deemed appropriately and timelyT given when delivered personally or deposited in the United States Main to the addresses heYeinafter set forth by cerrified mail (return Yeceipt requested). The addresses of the parties hereto are as follo`vs until changed byT written notice given as above: If to the CityT at: CityT of Elk River Attn: Cit�T Administrator 13065 Orono PaYk�vay Elk RiveY, Minnesota 55330 If to the Developer at Lowell 10 Partner, LLC Atm: Dustin Heggem 564 Dodge Ave, Suite A Elk River, MN 55330 3.