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<br />8. DEVELOPER's Default. <br /> <br />In the event ofa default by the DEVELOPER, as to any of the work to be performed by it hereunder, <br />the CITY may withhold certificate of occupancies from the Developer or, at its option, perform the <br />work, and the DEVELOPER shall promptly reimburse the CITY for any expense which it incurs. <br />If the CITY is not reimbursed within 15 days from the date of the billing for the cost of performing <br />such work, the CITY shall be reimbursed from the letter of credit identified in Section 7-A above. <br /> <br />The CITY agrees to give the DEVELOPER written notice ofits default not less than thirty (30) days <br />prior to the commencement of the CITY's work. The CITY and the DEVELOPER recognize that <br />weather conditions may affect the ability of the DEVELOPER to perform the work required to be <br />performed hereunder and agree that such thirty (30) days shall not include those days on which <br />weather conditions preclude performance by the DEVELOPER. <br /> <br />Notice to the DEVELOPER shall constitute, without further action, notice to any contractor or <br />subcontractor. This Agreement is a license for the CITY to act. When the CITY does any such <br />work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. If deemed <br />impractical by the CITY, the above notice requirements shall not be required by the CITY to control <br />erosion problems. <br /> <br />9. Miscellaneous. <br /> <br />A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, <br />as the case may be. <br /> <br />B. Breach of any material term of this Agreement by the DEVELOPER shall be grounds <br />for denial ofbuiIding permits. The CITY shall give the breaching DEVELOPER 30 <br />days notice prior to exercising its right to deny permits. <br /> <br />C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this <br />Development Contract is for any reason held invalid as a result of a challenge brought <br />by the DEVELOPER, their agents or assigns, the CITY may, at its option, declare the <br />entire Agreement null and void, and approval of the final development plan shall <br />thereby be revoked. <br /> <br />D. This Agreement shall run with the Subject Property and may be recorded in the <br />Ramsey County Recorder's Office. <br /> <br />E. Tms Agreement shall be liberally construed to protect the pubHc interest <br /> <br />10. Notices <br /> <br />Required notices to the DEVELOPER shall be in writing and shall either be hand delivered to the <br />DEVELOPER, their employees or agents, or mailed to the DEVELOPER by certified or registered <br />mail at the following addresses: <br />