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350 the City Council to determine if a default has occurred. Upon the occurrence of 351 DEVELOPER default and failure to cure, the City may Withhold any certificate of 352 occupancy for improvements proposed to be constructed. 353 354 10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel 355 or parcels of land within the subject property to a third party, and the conveyed parcels 356 shall remain subject to all of the terms of this PUD AGREEMENT specifically relating to 357 said parcels. In that case, the parties agree as follows: 358 359 a. A default by the DEVELOPER, or its successors in interest, in the performance of 360 the obligations hereunder, will not constitute a default with regard to the 361 conveyed parcel and will not entitle the CITY to exercise any of its rights and 362 remedies hereunder with respect to such conveyed parcel, so long as the owner of 363 the conveyed parcel otherwise complies with applicable provisions of this PUD 364 AGREEMENT . 355 366 b. A default with regard to a conveyed parcel will not constitute a default with 367 regard to the parcels retained by the DEVELOPER or other conveyed parcels, so 368 long as such retained or other conveyed parcels otherwise comply with applicable 369 provisions of this AGREEMENT. 370 371 11.0 MISCELLANEOUS: 372 11.1 This AGREEMENT shall be binding upon the parties, their heirs, successors, tenants, or 373 assigns, as the case may be. 374 375 11.2 Breach of any material term of this AGREEMENT by the DEVELOPER shall be 376 grounds for denial of building permits, except as otherwise provided in Section 10.0. 377 378 11.3 If any portion, section, subsection, sentence, clause, paragraph or phrase of this PUD 379 AGREEMENT is for any reason held invalid as a result of a challenge brought by the 380 DEVELOPER, its agents or assigns, the balance of this AGREEMENT shall nevertheless 381 remain in full force and effect. 382 383 11.4 This AGREEMENT shall run with the land and shall be recorded in the Ramsey County 384 Recorder's Office by the CITY. 385 386 11.5 This AGREEMENT shall be liberally construed to protect the public interest. 387 388 11.6 Due to the preliminary nature of many of the plans and the timing of the overall 389 development, addenda to this AGREEMENT may be required to address concerns not 390 specifically set forth herein. 391 392 11.7 The DEVELOPER represents to the CITY that, to the best of its knowledge, the Planned 393 Unit Development is not of "metropolitan significance" and that a state environmental 394 impact statement is not required. However, if the CITY or another governmental entity X