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<br />10. Developer's Default <br /> <br />For purposes of this Agreement, the failure of the DEVELOPER to perform any covenant, obligation <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 the thirty (30) <br />day period after notice is given, a request may made for a hearing (by 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 the <br />obligations hereunder, will not constitute a default with regard to the conveyed parcel <br />and will not entitle the CITY to exercise any of its rights and remedies hereunder <br />with respect to such conveyed parcel, so long as such conveyed parcel otherwise <br />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 to <br />the parcels retained by the DEVELOPER or other conveyed parcels, so long as such <br />retained or other conveyed parcels otherwise comply with applicable provisions of <br />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 />D 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 />PUD Agreement #1256 (Roseville Estates Mobile Home Park) - 10 <br />