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10.0 DEVELOPER DEFAULT: <br />10.1 For purposes of this AGREEMENT, the failure of the DEVELOPER to perform any <br />covenant, obligation or agreement of the DEVELOPER hereunder, and the continuance <br />of such failure for a period of thirty (30) days after written notice thereof from the City <br />shall constitute a DEVELOPER default hereunder. Within the sixty (60) day period after <br />notice is given, a request may be made for a hearing (by either party) to be held before the <br />City Council to determine if a default has occurred. Upon the occurrence of <br />DEVELOPER default and failure to cure, the City may withhold any certificate of <br />occupancy for improvements proposed to be constructed. <br />10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel <br />or parcels of land within the subject property to a third party, and the conveyed parcels <br />shall remain subject to all of the terms of this PUD AGREEMENT specifically relating to <br />said parcels. In that case, the parties agree as follows: <br />A default by the DEVELOPER, or its successors in interest, in the performance �� <br />the obligations hereunder, will not constitute a default with regard to the conveyed <br />parcel and will not entitle the CITY to exercise any of its rights and remedies <br />hereunder with respect to such conveyed parcel, so long as the owner of the <br />conveyed parcel otherwise complies with applicable provisions of this PUD <br />AGREEMENT. <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 loz�g as <br />such retained or other conveyed parcels otherwise comply with applicable <br />provisions of this AGREEMENT. <br />11.0 MISCELLANEOUS: <br />1 L 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 />113 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 ruiS 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 />�� <br />