Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />I1 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />..- — <br />COLLEGE default hereunder. Within the sixty (60) day period after notice is given, a <br />request may be made for a hearing (by either party) to be held before the City Council to <br />determine if a default has occurred. Upon the occurrence of COLLEGE default and <br />failure to cure, the City may withhold any certificate of occupancy for improvements <br />proposed to be constructed. <br />11.2 Notwithstanding anything herein to the contrary, the COLLEGE may convey a parcel or <br />parcels of land within the PUD to a third party, and the conveyed parcels shall remain <br />subject to all of the terms of the PUD specifically relating to said parcels. In that case, the <br />parties agree as follows: <br />a. A default by the COLLEGE, or its successors in interest, in the performance of the <br />obligations hereunder, will not constitute a default with regard to the conveyed <br />parcel and will not entitle the CITY to exercise any of its rights and remedies <br />hereunder with respect to such conveyed parcel, so long as the owner of the <br />conveyed parcel otherwise complies with applicable provisions of the PUD. <br />b. A default with regard to a conveyed parcel will not constitute a default with regard <br />to the parcels retained by the COLLEGE or other conveyed parcels, so long as <br />such retained or other conveyed parcels otherwise comply with applicable <br />provisions of this Agreement. <br />23 <br />24 12.0 MISCELLANEOUS: <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />12.1 <br />12.2 <br />This Agreement shall be binding upon the parties, their heirs, successors, tenants, or <br />assigns, as the case may be. <br />Breach of any material term of this Agreement by the COLLEGE shall be ground for <br />denial of building permits, except as otherwise provided in Section 10.0. <br />12.3 If any portion, section, subsection, sentence, clause, paragraph or phrase of this <br />Development Agreement is for any reason held invalid as a result of a challenge brought <br />by the COLLEGE, their agents or assigns, the balance of this Agreement shall <br />nevertheless remain in full force and effect. <br />12.4 This Agreement shall run with the land and shall be recorded in the Ramsey County <br />Recorder's Ofiice by the CITY. <br />12.5 This Agreement shall be liberally construed to protect the public interest. <br />12.6 Due to the preliminary nature of many of the plans and the timing of the overall <br />development, addenda to this Agreement may be required to address concerns not <br />specifically set forth herein. <br />12 <br />