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Elk River Crossing PUD Agreement December 1999 <br />0) Litter Control -Developer and all Third Party owners of lots within <br />the Subdivision shall pick up litter as needed, at least once per month <br />except during winter weather), from: <br />all parking and landscaped areas on their property <br />a) public rights-of--way adjacent to their property, including the <br />Highway 169 right-of-way east of the northbound lane, the Main Street <br />Right-of-Way South of Main Street, the entire rights-of-way of Tyler <br />Street and Crossing Avenue, and all ponding and wetland areas within <br />the Project. <br />1) Maintenance Agreements - Developer shall provide evidence of <br />satisfactory provision for control and maintenance of jointly used or <br />commonly owned parking, drainage and landscaped areas within the <br />Project. Reciprocal parking and access easements and maintenance <br />agreements shall be provided to and approved by the City Attorney prior <br />to the issuance of certificates of occupancy so as to insure satisfactory <br />control, ownership and maintenance. These agreements shall provide <br />that Developers and their successors shall be obligated to maintain all <br />common areas, drainage areas, outlots and landscaping in the Project, <br />including all wetland and ponding areas, in perpetuity. <br />2) Enforcement -Failure of Developer or a Third Party to meet its <br />maintenance obligations under this paragraph will be grounds for City to <br />invoke against that party any remedy which City has under this PUD <br />Agreement. <br />7. Remedies -Should Developer or a Third Party breach any of the <br />terms and conditions of this PUD Agreement, and if such breach is not cured <br />within thirty (30) days after written notice, or if such cure shall reasonably <br />require longer than thirty (30) days to cure within such longer period as shall <br />be reasonably necessary to cure such breach provided Developer or the Third <br />Party commences cure within such thirty (30) day period and diligently <br />proceeds to cure such breach thereafter, City shall have any or all of the <br />following remedies against the party who has breached: <br />1) Withhold site plan approval for undeveloped lots; <br />2) Withhold issuance of building permits or certificates of occupancy <br />for any structure within the Project; <br />3) Halt construction on public improvements not commenced or not <br />completed; <br />4) Institute prosecution of Developer or the Third Party under the <br />relevant provisions of the City Zoning Ordinance; <br />5 <br />Page 226 of 304