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A default by the DEVELOPER, or its successors in interest, in the performance of the obligations hereunder, will not constitute a default with regard to the conveyed parcel and will not entitle the CTTY to exercise any of its rights and remedies hereunder with respect to such conveyed parcel, so long as the owner of the conveyed parcel otherwise complies with applicable provisions of the PUD. 2. A default with regard to a conveyed parcel will not constitute a default with regard to the parcels retained by the DEVELOPER or other conveyed parcels, so long as such retained or other conveyed parcels otherwise comply with applicable provisions of this Agreement. 11_fF MISCELLANEOUS: 9 S. L This Agreement shall be binding upon the parties, their heirs, successors, tenants, or assigns, as the case may be. 1 a.'� Breach of any material term of this Agreement by the DEVELOPER shall be ground for denial of building permits, except as otherwise provided in Section 10.0. � I,� If any portion, section, subsection, sentence, clause, paragraph or phrase of this DevelopmentAgreement is for any reason held invalid as a result of a challenge brought by the DEVELOPER, their agents or assigns, the balance of this Agreement shall nevertheless remain in full force and effect. 11 _� This Agreement shall n� with the land and shall be recorded in the Rarnsey County Recorder's Off'ice by the CTTY. l L.� This Agreement shall be liberally construed to protect the public interest. f I� Due to the preliminary nature of many of the plans and the timing of the overall development, addendato this Agreement may be required to address concerns not specifically set forth herein. 1 l_� The DEVELOPER represents to the CITY that, to the best of its lrnowledge, the Planned Unit Development is not of "metropolitan significance" and that a state environmental impact statement is not required. However, if the CITY or another governmental entity or agency determines that a federal or state impact statement or any other review, permit, or approval is required, the DEVELOPER shall prepare or obtain it at its own expense. I I,� The DEVELOPER shall reimburse the CITY for the following expenses: outside consultants' time and reasonable city attorney's fees that the CITY incurs in assisting in the preparation of any contracts, agreements or permits. The CITY shall supply an itemized cost of such expenses to the DEVELOPER for payment prior to issuance of building permits. 1�