4.14 SR 06-20-2022 - Laserfiche WebLink

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(02) Halt construction on public improvements not commenced or not completed; (03) Institute prosecution of Developer or the Third PartyT 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 PartyT fails to compl�T with an�T of the provisions hereof, CittT mayT refuse to issue to the Party- in breach a building permit or certificate of occupancy for any lot oY 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 CittT harmless from any 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 Parries or other future owners of all or any part of the Project, and shall be deemed covenants running `vith the land. This agreement shall be placed of Yecord so as to give norice heYeof to subsequent purchaseYs and encumbYances of all or an�T part of the Project, and all recording fees, if an�T, shall be paid b�T Developer. 9.) SeveYable - In the event that any poYtion of this PUD Agreement shall be held invalid for an�T reason, the same shall not affect in any respect whatsoever the validityT of the remainder of this PUD Agreement. 10.) Waiver - An�T waiver, whether express or implied, b�T anyT part�T of a breach of any pYovision of this Agreement, will not opeYate as oY be construed to be a waiver of any subsequent breach of this Agreement. 11.) Notices - r1ll 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 follo`vs until changed byT written notice given as above: If to the Cityr at Cit�r of Elk RiveY Atm: CityT Administrator 13065 Orono Park`vayT Elk River, iVlinnesota 55330 If to the Developer at: BroadwayT Investors II, LLC Attn: David Lund�T 2408 Lo`ver Saint Dennis Road Saint Paul, MN 55116 3.