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<br />Notwithstanding anything herein to the contrary, the developer may convey a parcel or <br />parcels of land within the PUD to a third party, which conveyed parcels shall remain subject <br />to all of the terms of the PUD specifically relating to said parcels. In that connection, the <br />parties agree as follows: <br /> <br />A. A default by the DEVELOPER, or its successors in interest, in the <br />performance of the obligations hereunder, will not constitute a default with <br />regard to the conveyed parcel and will not entitle the CITY to exercise any <br />of its rights and remedies hereunder with respect to such conveyed parcel, <br />so long as such conveyed parcel otherwise complies with applicable <br />provisions of the PUD. <br /> <br />B. A default with regard to a conveyed parcel will not constitute a default with <br />regard to the parcels retained by the DEVELOPER or other conveyed <br />parcels, so long as such retained or other conveyed parcels otherwise <br />comply with applicable provisions of this Agreement. <br /> <br />12. Miscellaneous <br /> <br />A. This Agreement shall be binding upon the parties, their heirs, successors or <br />assigns, as the case may be. <br /> <br />B. Breach of any material term of this Agreement by the DEVELOPER shall be <br />grounds for denial of building permits, except as otherwise provided in <br />Section 11. <br /> <br />C. If any portion, section, subsection, sentence, clause, paragraph or phrase of <br />this Development Agreement is for any reason held invalid as a result of a <br />challenge brought by the DEVELOPER, their agents or assigns, the balance <br />of this Agreement shall nevertheless remain in full force and effect. <br /> <br />D This Agreement shall run with the Subject Property and shall be recorded in <br />the Ramsey County Recorder's Office. <br /> <br />E. This Agreement shall be liberally construed to protect the public interest. <br /> <br />13. Notices <br /> <br />Required notices to the DEVELOPER shall be in writing and shall be either hand delivered <br />to the DEVELOPER, their employees or agents, or mailed to the DEVELOPER by certified <br />or registered mail at the following address: <br /> <br />Bradley Real Estate, Inc. <br />2100 Snelling Avenue North <br />Roseville, MN 55113 <br /> <br />PUD/Subdivision Agreement #1199 (Roseville Center) - Page 9 of 11 <br />