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� <br />2. A default with regard to a conveyed parcel will not constitute a default with regard <br />to the parcels retained by the DEVELOPER or other conveyed parcels, so long as <br />such retained or other conveyed parcels otherwise comply with applicable <br />provisions of this Agreement. <br />11A MISCELLANEOUS: <br />l l,j This Agreement shall be binding upon the parties, their heirs, successors, tenants, � <br />assigns, as the case may be. <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 />11.3 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 brought <br />by the DEVELOPER, their agents or assigns, the balance of this Agreement shall <br />nevertheless 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 concern� 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 />