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7.4. SR 09-19-1994
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7.4. SR 09-19-1994
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9/19/1994
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<br />. <br /> <br />(10) That the Developer reimburse the City for all cost <br />incurred for reviewing this request. <br /> <br />(11) That the petitioner enter into a PUD agreement with <br />the City reflecting the conditions set on the PUD by the <br />City Council. <br /> <br />(12) Parking shall be located on the west portion of the <br />Property facing Highway 169 and away from the residential <br />area to the east. <br /> <br />4.) General Provisions _ <br /> <br />. <br /> <br />(01) Buildino and Occupancv Permits - If the Developer <br />fails to comply with any of the provisions hereof, the City <br />may refuse to issue a building permit or certificate of <br />occupancy for any lot or parcel in the Development. City <br />will not issue any building permit for any lot Or parcel in <br />the'Development until all of the conditions set forth i~ <br />Section 6 above have been met in full. City will not issue <br />any Certificate of Occupancy for any building constructed <br />on any lot or parcel in the Development until all of the <br />conditions set forth in Section 3 above have been met in <br />full. Developer agrees to advise purchasers of any lot or <br />parcel within the Development of the existence of this <br />Contrac~ and the obligations and restrictions created <br />herein prior to the completion of a sale. Further, <br />Developer agrees to save and hold the City harmless from <br />any and all claims or actions arising from the right to <br />withhold the issuance of such permits and certificates. <br /> <br />(02) Bindino Effect - The terms and provisions hereof shall <br />be binding upon, and inure to the benefit of the heirs, <br />representatives, successors and assigns of the parties <br />hereto and shall be binding upon all future owners of all <br />or any part of the Development and shall be deemed <br />covenants running with the land. References herein to <br />Developer, if rather be more than one, shall mean each and <br />all of them. A certificate evidence the existence and <br />terms of this Agreement, at the option of the City, shall <br />be placed of record so as to give notice hereof to <br />subsequent purchasers and encumbrances of all or any part <br />of the Property, and all recording fees, if any, shall be <br />paid by the Developer. <br /> <br />(03) Severable - In the event that any portion of this <br />Agreement shall be held invalid for any reason, the same <br />shall not affect in any respect whatsoever the validity of <br />the remainder of this Agreement. <br /> <br />. <br /> <br />(04) Waiver - Any waiver, whether express or implied, by <br />any party of a breach of any provision of this Agreement <br />will not operate as or be construed to be a waiver of any <br />subsequent breach of this Agreement. <br /> <br />5. <br />
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