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<br />8.4 No changes in the overall site development plan (including reconfiguration of off- <br />street parking areas, signage, driveways, and pad sites) shall be allowed prior to <br />completion and approval of an overall development plan for Phase II of the PUD. <br /> <br />9.0 Developer's Default <br /> <br />For purposes of this Agreement, the failure of the DEVELOPER to perform any covenant, <br />obligation or agreement of the DEVELOPER hereunder, and the continuance of such <br />failure for a period of thirty (30) days after written notice thereof from the City (or such <br />longer period of time as may reasonably be necessary to cure any such default, if such <br />default is not reasonably curable within such thirty (30) day period) shall constitute a <br />DEVELOPER default hereunder. Within this thirty (30) day period, a hearing may be held <br />before the Roseville City Council to determine if a default has occurred. Upon the <br />occurrence of DEVELOPER default, the City may withhold any certificate of occupancy <br />for improvements proposed to be constructed on the property andlor rezone the entire <br />property to the original B-2 zoning district. <br /> <br />10.0 Miscellaneous <br /> <br />10.1 This Agreement shall be binding upon the parties, their heirs, successors or <br />assigns, as the case may be. <br /> <br />10.2 Breach of any material term of this Agreement by the DEVELOPER shall be <br />grounds for denial of building permits. <br /> <br />10.3 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 <br />Agreement shall nevertheless remain in full force and effect. <br /> <br />10.4 This Agreement shall run with the property and shall be recorded in the Ramsey <br />County Recorder's Office by the DEVELOPER prior to the issuance of any building <br />permit or within sixty days of approval, whichever is less. <br /> <br />10.5 This Agreement shall be liberally construed to protect the public interest. <br /> <br />11.0 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 />Lexington Plaza LLC <br />3670 I DS Center <br />80 South Eighth Street <br />Minneapolis, MN 55402 <br /> <br />PUD Phase I Agreement #_ (Lexington Plaza) - Page 3 of 4 <br />