4.5 SR 04-03-2023 - Laserfiche WebLink

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6.) Remedies - Should Developer or a Third PartyT breach anyT of the terms and conditions of this PUD Agreement, and if such breach is not cured `vithin thirtyT (30) dayTs after written notice, or if such cure shall reasonablyT require longer than thirtyT (30) dayTs to cure within such longer period as shall be reasonablyT necessar�T to cure such breach provided Developer or the Third PartyT commences cure within such thirtyT (30) dayT period and diligently proceeds to cure such breach thereafter, CityT shall have any or all of the following remedies against the parnT `vho has breached: (01) Withhold issuance of building permits or certificates of occupancyT for any structure within the Project; (02) Halt construction on public improvements not commenced or not completed; (03) Institute pYosecution of DevelopeY oY the Third PaYt�r undeY the relevant provisions of the City Zoning Ordinance; (04) Draw upon anyT financial securityT provided the City to assure compliance; (05) Institute a civil action to compel compliance or recover damages or both. 7.) GeneYal Conditions - If DevelopeY oY a ThiYd PaYty fails to compl�r with any of the provisions hereof, CittT mayT refuse to issue to the ParnT in breach a building permit or ceYtificate of occupancy foY any lot oY paYcel in the Project. DevelopeY 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 Cit�T harmless from an�T 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 paYties hereto and shall be binding upon all Third Parties or other future owners of all or anyT 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 anyr portion of this PUD Agreement shall be held invalid foY anyr reason, the same shall not affect in any Yespect whatsoeveY the validityr of the remainder of this PUD Agreement. 10.) Waiver - AnyT waiver, whether express or implied, byT anyT parttr of a breach of any provision of this Agreement, will not operate as or be construed to be a`vaiver of an�T subsequent breach of this Agreement. 3. N:ADepartments\Community Development\Planning\Case Files\CUP\CU 22-15 The Villas at Fillmore - Riverside Development CoA8-Approval Denial\The Villas at Fillmore PUD Agreement 4-3-2023.docx