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pf_02986
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Last modified
7/17/2007 12:27:57 PM
Creation date
12/8/2004 1:57:01 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
2986
Planning Files - Type
Comprehensive Plan Amendment
Address
3090 CLEVELAND AVE N
Applicant
SCHREIER, JIM AND DEB
PIN
042923220008
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<br />or agreement of the DEVELOPER hereunder, and the continuance of such failure for a period of <br />thirty (30) days after written notice thereof from the City (or such longer period of time as may <br />reasonably be necessary to cure any such default, if such default is not reasonably curable within <br />such thirty (30) day period) shall constitute a DEVELOPER default hereunder. Within thethirty (30) <br />day period after notice is given, a request may made for a hearing (bv either party) to be held before <br />the Roseville City Council to determine if a default has occurred. Upon the occurrence of <br />DEVELOPER default, the City may withhold any certificate of occupancy for improvements <br />proposed to be constructed. <br /> <br />Notwithstanding anything herein to the contrary, the developer may convey a parcel or parcels of <br />land within the PUD to a third party, which conveyed parcels shall remain subject to all of the terms <br />of the PUD specifically relating to said parcels. In that connection, the parties agree as follows: <br /> <br />A. A default by the DEVELOPER, or its successors in interest, in the performance of <br />the 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 such conveyed parcel <br />otherwise complies with applicable provisions of the PUD. <br /> <br />B, A default with regard to a conveyed parcel will not constitute a default with regard <br />to the parcels retained by the DEVELOPER or other conveyed parcels, so long as <br />such retained or other conveyed parcels otherwise comply with applicable provisions <br />of this Agreement. <br /> <br />11. 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 of building permits, except as otherwise provided in Section 10. <br /> <br />C. 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 <br />brought by the DEVELOPER, their agents or assigns, the balance of this Agreement <br />shall nevertheless remain in full force and effect. <br /> <br />o This Agreement shall run with the Subject Property and shall be recorded in the <br />Ramsey County Recorder's Office by the CITY. <br /> <br />E. This Agreement shall be liberally construed to protect the public interest. <br /> <br />12. Notices <br /> <br />Required notices to the DEVELOPER shall be in writing and shall be either hand delivered to the <br /> <br />PUD Agreement #_ (Charles Cabinet) - Page 8 of 10 <br />
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