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199 10.0 Developer's Default
<br />2,00 1(x.1 For purposes of this Development Agreement, the failure of the DEVELOPER to
<br />2,01 perform any covenant, obligation, or agreement hereunder, and the continuance of
<br />2,02, such failure for a period of 30 days after written notice thereof from the CITY or
<br />2,03 such longer period of time as may reasonably be necessary to cure any such
<br />204 default,, if such default is not reasonably curable within such 30 day period) shall
<br />2,05 constitute a DEVELOPER default hereunder. Within the 30 day period after
<br />2,06 notice is given, a request may made for a hearing by either party) to be held
<br />2,0 7' before the Roseville City Council to determine if a default has occurred. Upon the
<br />2,08 occurrence of DEVELOPER default,, the City may withhold any certificate of
<br />2,09 occupancy for improvements proposed to be constructed.
<br />2,10 10.2 Notwithstanding anything herein to the contrary,, the DEVELOPER may convey a
<br />2,11 parcel or parcels of land within the PUD to a third party, which conveyed parcels
<br />2,12, shall remain subject to all of the terms of the PUD specifically relating to said
<br />2,13 parcels. In that connection, the parties agree as follows.-
<br />214 A. A default by the DEVELOPER, or its successors in interest, in the
<br />2,15 performance of the obligations hereunder, will not constitute a default
<br />2,16 with regard to the conveyed parcel and will not entitle the CITY to
<br />2,1 7' exercise any of its rights and remedies hereunder with respect to such
<br />2,18 conveyed parcel, so long as such conveyed parcel otherwise complies with
<br />2,19 applicable provisions of the PUD.
<br />2,2,0 B. A default with regard to a conveyed parcel will not constitute a default
<br />2,2,1 with regard to the parcels retained by the DEVELOPER or other conveyed
<br />2,2,2, parcels, so long as such retained or other conveyed parcels otherwise
<br />2,2,3 comply with applicable provisions of this Agreement.
<br />224 11.0 Miscellaneous
<br />2,2,5 11.1 This Development Agreement shall be binding upon the parties, their heirs,
<br />2,2,6 successors or assigns,, as tne case may De.
<br />22"7 11.2 Breach of any material term of this Development Agreement by the
<br />2,2,8 DEVELOPER shall be grounds for denial of building permits,, except as
<br />2,2,9 otherwise provided in Section 10 of this Agreement.
<br />2,30 11.3 If any portion, section, subsection, paragraph, sentence, clause, or phrase of this
<br />2,31 DevelODment Aareement is for anv reason held invalid as a result of a challenae
<br />2,32, brought by the DEVELOPER- their aaents or assigns_ the balance of this
<br />2,33 Aareement shall nevertheless remain in full force and effect-
<br />234 11-4 This DevelODment Aareement shall run with the Subiect PrODertv and shall be
<br />2,35 recorded in the Ramsey County Recorder's Office by the CITY.
<br />2,36 11.5 This Agreement shall be liberally construed to protect the public interest.
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