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11A MISCELLANEOUS 11,1 This Agreement shall be binding upon the parties, their heirs, successors, tenants, or assigns, as the case may be. 11, 2 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. 11, 3 If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Agreement 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, 4 This Agreement shall run with the land and shall be recorded in the Ramsey County Recorder's Office by the CITY. 11, 5 This Agreement shall be liberally construed to protect the public interest. 11, 6 Due to the preliminary nature of many of the plans and the timing of the overall development, addenda to this Agreement may be required to address concerns not specifically set forth herein. 11, 7 The DEVELOPER represents to the CITY that 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. 11, 8 The DEVELOPER shall reimburse the CITY for all expenses, including staff time and reasonable attorney's fees, which the CITY incurs in assisting in the preparation of any permits. 12.0 NOTICES Required notices to the DEVELOPER shall be in writing and shall be either hand delivered to the DEVELOPER, their employees or agents, ar mailed to the DEVELOPER by certified or registered mail at the following address: Len Southerland CEO VSI Construction 1175 1 Troy Lane North Maple Grove, MN 55369 �