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Attachment E <br />11.0 MISCELI.ANEOUS: <br />11.1 This AGREEMENT shall be binding upon the parties, their heirs, successors, tenants, or <br />assigns, as the case may be. <br />11.2 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 10.0. <br />11.3 If any portion, section, subsection, sentence, clause, paragraph or phrase of this PUD <br />AGREEMENT is for any reason held invalid as a result of a challenge brought by the <br />DEVELOPER, its agents or assigns, the balance of this AGREEMENT shall nevertheless <br />remain in full force and effect. <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 />11.5 This AGREEMENT shall be liberally construed to protect the public interest. <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 />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 />11.8 The DEVELOPER shall reimburse the CITY for the following expenses: outside <br />consultants' time and reasonable city attorney's fees that the CITY incurs in assisting in <br />the preparation of any contracts, agreements or permits. The CITY shall supply an <br />itemized cost of such expenses to the DEVELOPER for payment prior to issuance of <br />building permits. <br />12 <br />