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2009_0629_Packet
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2009_0629_Packet
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1/9/2012 2:55:26 PM
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7/28/2009 2:46:41 PM
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6.0 Developer's Default <br />� 6.1 For purposes of this Development Agreement, the failure of the DEVELOPER to <br />� perform any covenant, obligation, or agreement hereunder, and the continuance of <br />� such failure for a period of 30 days after written notice thereof from the CITY (or <br />� such longer period of time as may reasonably be necessary to cure any such <br />� default, if such default is not reasonably curable within such 30 day period) shall <br />� constitute a DEVELOPER default hereunder. Within the 30 day period after <br />� notice is given, a request may made for a hearing (by either party) to 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 <br />� occupancy for improvements proposed to be constructed. <br />� 6.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a <br />� parcel or parcels of land within the PUD to a third party, which conveyed parcels <br />� shall remain subj ect to all of the terms of the PUD specifically relating to said <br />� parcels. In that connection, the parties agree as follows: <br />� A. A default by the DEVELOPER, or its successors in interest, in the <br />� performance of the obligations hereunder, will not constitute a default <br />� with regard to the conveyed parcel and will not entitle the CITY to <br />� exercise any of its rights and remedies hereunder with respect to such <br />� conveyed parcel, so long as such conveyed parcel otherwise complies with <br />� applicable provisions of the PUD. <br />� B. A default with regard to a conveyed parcel will not constitute a default <br />� with regard to the parcels retained by the DEVELOPER or other conveyed <br />� parcels, so long as such retained or other conveyed parcels otherwise <br />comply with applicable provisions of this Development Agreement. <br />7.0 Miscellaneous <br />� 7.1 This Development Agreement shall be binding upon the parties, their heirs, <br />� successors, or assigns, as the case may be. <br />� 7.2 Breach of any material term of this Development Agreement by the <br />� DEVELOPER shall be grounds for denial of building permits, except as <br />� otherwise provided in Section 6 of this Development Agreement. <br />� 7.3 If any portion, section, subsection, paragraph, sentence, clause, 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 />� Development Agreement shall nevertheless remain in full force and effect. <br />� 7.4 This Development Agreement shall run with the Subj ect Property and shall be <br />� recorded in the Ramsey County Recorder's Office by the CITY <br />� 7.5 This Development Agreement shall be liberally construed to protect the public <br />' interest. <br />Page 4 of 6 <br />
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