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Attachment E <br />308 <br />309 11.3 If any portion, section, subsection,, sentence, clause, paragraph or phrase of this PUD <br />310 <br />AGREEMENT is for any reason held invalid as a result of a challenge brought by the <br />311 <br />DEVELOPER,, its agents or assigns, the balance of this AGREEMENT shall nevertheless <br />312 <br />remain in full force and effect. <br />313 <br />314 <br />11.4 <br />This AGREEMENT shall run with the land and shall be recorded in the Ramsey County <br />315 <br />Recorder's Office by the CITY. <br />316' <br />317 <br />11.5 <br />This AGREEMENT shall be liberally construed to protect the public interest. <br />318 <br />319 <br />11.6 <br />Due to the preliminary nature of many of the plans and the timing of the overall <br />320 <br />development, addenda to this AGREEMENT may be required to address concerns not <br />321 <br />specifically set forth herein. <br />322 <br />323 <br />11.7 <br />The DEVELOPER represents to the CITY that, to the best of its knowledge, the Planned <br />324 <br />Unit Development is not of "metropolitan significance" and that a state environmental <br />325 <br />impact statement is not required. However, if the CITY or another governmental entity <br />3 2 6' <br />or agency determines that a federal or state impact statement or any other review, permit, <br />327 <br />or approval is required, the DEVELOPER shall prepare or obtain it at its own expense. <br />328 <br />329 <br />11.8 <br />The DEVELOPER shall reimburse the CITY for the following expenses.- outside <br />330 <br />consultants' time and reasonable city attorney's fees that the CITY incurs in assisting in <br />331 <br />the preparation of any contracts,, agreements or permits. The CITY shall supply an <br />332 <br />itemized cost of such expenses to the DEVELOPER for payment prior to issuance of <br />333 <br />building permits. <br />11001 <br />