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C. At the Developer's request, the CITY will execute from time to time, the <br /> appropriate estoppel letter indicating, if true, that there are no violations of <br /> this PUD Agreement as to the property described in the letter and there is <br /> no reason under this PUD Agreement to withhold a building permit for the <br /> property and if requested, the CITY shall set forth what limitations still <br /> exist, if any, under this PUD Agreement as to the future use of the <br /> property. <br /> D. If any portion, section, subsection, sentence, clause, paragraph or phrase <br /> of this PUD Agreement is for any reason held invalid as a result of a <br /> challenge brought by the DEVELOPER, its agents or assigns, the CITY <br /> may, at its option, declare the entire PUD Agreement null and void, and <br /> approval of the preliminary plat and final development plan shall thereby <br /> be revoked, except as to any lot within the PUD for which a building <br /> permit has been issued. <br /> E. This PUD Agreement shall run with the Subject Property and may be <br /> recorded in the Ramsey County Recorder's Office. <br /> F. This Agreement shall liberally be construed to protect the public interest. <br /> G. The CITY shall give the DEVELOPER 30 days'notice,prior to exercising <br /> its right to deny permits under Section 9B., or to exercise its right set forth <br /> in Section 9D. <br /> H. Notwithstanding anything to the contrary contained elsewhere herein, in <br /> the event of any default by the Developer or any successor in interest or <br /> tenant of Developer, the City agrees to enforce any applicable rights <br /> hereunder only against the Lots or tracts to which such default applies. <br /> 10. Notices. <br /> Required notices to the DEVELOPER shall be in writing and shall either be hand <br /> delivered to the DEVELOPER, its employees or agents, or mailed to the DEVELOPER <br /> by certified or registered mail at the following address: <br /> St. Anthony Retail Development LLC: <br /> c/o The Robert Muir Company <br /> 7650 Edinborough Way, Suite 375 <br /> Edina,MN 55435-4915 <br /> ATTN: Kelly J. Doran <br /> With a copy to: <br /> Paul W. Anderson,Esq. <br /> MESSERLI &KRAMER,P.A. <br /> 1800 Fifth Street Towers <br /> 150 South Fifth Street <br /> Minneapolis,MN 55402 <br />