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"\ <br />0 <br />B. A default with regard to a conveyed parcel will not constitute a default with regard to <br />the parcels retained by the DEVELOPER or other conveyed parcels, so long as such <br />retained or other conveyed parcels otherwise comply with applicable provisions of this <br />Agreement. <br />11.0 MISCELLANEOUS <br />11.1 This Agreement shall be binding upon the parties, their heirs, successors, tenants, or assigns, as <br />the case may be. <br />11.2 Breach of any material term of this Agreement by the DEVELOPER shall be ground for denial <br />of building permits, except as otherwise provided in Section 10.0. <br />11.3 If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development <br />Agreement is for any reason held invalid as a result of a challenge brought by the <br />DEVELOPER, their agents or assigns, the balance of this Agreement shall nevertheless remain <br />in full force and effect. <br />] 1.4 This Agreement shall run with the land and shall be recorded in the Ramsey County Recorder's <br />Ofiice by the CTTY. <br />11.5 This Agreement shall be liberally construed to protect the public interest. <br />11.6 Due to the preliminary nature of many of the plans and the timing of the overall development, <br />addenda to this Agreement may be required to address concerns not speci�cally set forth herein. <br />11.7 The DEVELOPER represents to the CTTY that the Planned Unit Development is not of <br />"metropolitan signiiicance" and that a state environmental impact statement is not required. <br />However, if the CITY or another governmental entity or agency determines that a federal or <br />state impact statement or any other review, pernut, or approval is required, the DEVELOPER <br />shall prepare or obtain it at its own expense. <br />11.8 The DEVELOPER shall reimburse the C1TY for all expenses, including staff time and <br />reasonable attorney's fees, which the CTTY incurs in assisting in the preparation of any permits. <br />12.0 NOTICES: <br />Required notices to the DEVELOPER shall be in writing and shall be either hand delivered to the <br />DEVELOPER, their employees or agents, or mailed to the DEVELOPER by certified or registered <br />mail at the following address: <br />Brent Thompson <br />Vice President, Stoney River Development Corporation <br />300 Owasso Boulevard East <br />Saint Paul, MN 55117 <br />