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the occurrence of DEVELOPER default, the City may withhold any certificate of occupancy <br />for improvements proposed to be constructed. <br />10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel or <br />parcels of land within the PUD to a third party, and the conveyed parcels shall remain subject <br />to all of the terms of the PUD specifically relating to said parcels. In that case, the parties <br />agree as follows: <br />A. A default by the DEVELOPER, or its successors in interest, in the performance of the <br />obligations hereunder, will not constitute a default with regard to the conveyed parcel <br />and will not entitle the CITY to exercise any of its rights and remedies hereunder with <br />respect to such conveyed parcel, so long as the owner of the conveyed parcel otherwise <br />complies with applicable provisions of the PUD. <br />B. A default with regard to a conveyed parcel will not constitute a default with regard to <br />the parcels retained by the DEVELOPER or other conveyed parcels, so long as such <br />retained or other conveyed parcels otherwise comply with applicable provisions of this <br />Agreement. <br />11.0 MISCELLANEOUS <br />11.1 This Agreement shall be binding upon the parties, their heirs, successors, tenants, or assigns, as <br />the case may be. <br />11.2 Breach of any material term of this Agreement by the DEVELOPER shall be ground for denial <br />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 Development <br />Agreement is for any reason held invalid as a result of a challenge brought by the <br />DEVELOPER, their agents or assigns, the balance of this Agreement shall nevertheless remain <br />in full force and effect. <br />11.4 This Agreement shall run with the land and shall be recorded in the Ramsey County Recorder's <br />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 development, <br />addenda to this Agreement may be required to address concerns not specifically set forth <br />herein. <br />11.7 The DEVELOPER represents to the CITY that the Planned Unit Development is not of <br />"metropolitan significance" and that a state environmental impact statement is not required. <br />However, if the CITY or another governmental entity or agency determines that a federal or <br />state impact statement or any other review, permit, or approval is required, the DEVELOPER <br />shall prepare or obtain it at its own expense. <br />7 <br />