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A. A default by the DEVELOPER, or its successors in interest, in the <br />performance of the obligations hereunder, will not constitute a default with <br />regard to the conveyed parcel and will not entitle the CITY to exercise any of <br />its rights and remedies hereunder with respect to such conveyed parcel, so <br />long as the owner of the conveyed parcel otherwise complies with applicable <br />provisions of the PUD. <br />B. A default with regard to a conveyed parcel will not constitute a default with <br />regard to the parcels retained by the DEVELOPER or other conveyed parcels, <br />so long as such retained or other conveyed parcels otherwise comply with <br />applicable provisions of this Agreement. <br />11.0 MISCELLANEOUS <br />11.1 This Agreement sha11 be binding upon the parties, their heirs, successors, tenants, <br />or assigns, as the case may be. <br />11.2 Breach of any material term of this Agreement by the DEVELOPER shall be <br />ground for denial of building permits, except as otherwise provided in Section <br />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 <br />brought by the DEVELOPER, their agents or assigns, the balance of this <br />Agreement sha11 nevertheless remain in full force and effect. <br />11.4 This Agreement sha11 run with the land and shall be recorded in the Ramsey <br />County 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 concerns not <br />specifically set forth herein. <br />11.7 The DEVELOPER represents to the CTTY that the Planned Unit Development is <br />not of "metropolitan significance" and that a state environmental impact <br />statement is not required. However, if the CITY or another governmental entity <br />or agency determines that a federal or state impact statement or any other review, <br />permit, or approval is required, the DEVELOPER shall prepare or obtain it at its <br />own expense. <br />11.8 The DEVELOPER sha11 reimburse the CTTY for all expenses, including staff time <br />and reasonable attorney's fees, which the CITY incurs in assisting in the <br />preparation of any permits. <br />9 <br />