Laserfiche WebLink
<br />occupancy for improvements proposed to be constructed. <br /> <br />10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel <br />or parcels of land within the PUD to a third party, and the conveyed parcels shall remain <br />subject to all of the terms of the PUD specifically relating to said parcels. In that case, the <br />parties agree as follows: <br />1. 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 with <br />respect to such conveyed parcel, so long as the owner of the conveyed parcel <br />otherwise complies with applicable provisions of the PUD. <br /> <br />2. 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 />11.0 MISCELLANEOUS <br /> <br />11.1 This Agreement shall be binding upon the parties, their heirs, successors, tenants, or <br />assigns, as the case may be. <br /> <br />11.2 Breach of any material term of this Agreement by the DEVELOPER shall be ground for <br />denial of building permits, except as otherwise provided in Section 10.0. <br /> <br />11.3 If any p0l1ion, section, subsection, sentence, clause, paragraph or phrase of this <br />Development Agreement is for any reason held invalid as a result of a challenge brought <br />by the DEVELOPER, their agents or assigns, the balance of this Agreement shall <br />nevertheless remain in full force and effect. <br /> <br />11.4 This Agreement shall run with the land and shall be recorded in the Ramsey County <br />Recorder's Office by the CITY. <br /> <br />11.5 This Agreement shall be liberally construed to protect the public interest. <br /> <br />11.6 Due to the preliminary nature of many of the plans and the timing of the overall <br />development, addenda to this Agreement may be required to address concerns not <br />specifically set forth herein. <br /> <br />11.7 The DEVELOPER represents to the CITY that, to the best of its knowledge, the Planned <br />Unit Development is not of "metropolitan significance" and that a state environmental <br />impact statement is not required. However, if the CITY or another governmental entity or <br />agency determines that a federal or state impact statement or any other review, permit, or <br />approval is required, the DEVELOPER shall prepare or obtain it at its own expense. <br /> <br />11 <br />