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weather conditions may affect the ability of the DEVELOPER to perform the work required to be performed hereunder and. agree that such thirty (30) days shall not include those days on which weather conditions preclude performance by the DEVELOPER. Notice to the DEVELOPER shall constitute, without further action, notice to any contractor or subcontractor. This Agreement is a license for the CITY to act. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. If deemed impractical by the CITY, the above notice requirements shall not be required by the CITY to control erosion problems. 9. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of any material term of this Agreement by the DEVELOPER shall be grounds for denial of building permits. The CITY shall give the DEVELOPER 30 days notice, prior to exercising its right to deny permits. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Contract is for any reason held invalid as a result of a challenge brought by the DEVELOPER, its agents or· assigns, the CITY may, at its option, deciare the entire Agreement null and void, and approval of the preliminary plat and final development plan shall thereby be revoked. D. This Agreement shall run with the Subject Property and may be recorded in the Ramsey county Recorder's Office. E. This Agreement shall be liberally construed ~o protect the pu~lic interest. 10. Notices. Required notices to the DEVELOPER shall be in writing and shall either be hand delivered to the DEVELOPER, its employees or agents, or mailed to the DEVELOPER by certified or registered mail at the following address: ~ottlund Company, Inc. 5201 E. River Road Fridley, Minnesota 55421 Concordia Academy 2400 Dale street North Roseville, MN 55113