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however, such certificates will not allow the structure to be transferred to a new owner for the <br />purpose of occupancy. <br />19. Miscellaneous. <br />(01) Filing of Final Plat and Developer Agreement. Before construction commences on the <br />Improvements, the Final Plat of the Subdivision and this Developer Agreement must be filed and <br />recorded and all necessary easements shall have been conveyed to the City, unless the City authorizes <br />in writing the commencement of limited construction activities. <br />(02) Incorporation by Reference. The exhibits to this Agreement shall be and hereby are made a <br />part of this Agreement by reference as fully as if set forth herein in full. <br />(03) No Replacement. This Agreement is in addition to and is not in replacement of the terms <br />and conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and <br />Right to Object relating to the Subdivision executed by Developer. <br />(04) RReeulatory Compliance. The Developer represents to the City that the Subdivision complies <br />with all city, county, metropolitan, state, and federal laws and regulations, including but not limited <br />to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines <br />that the plat does not comply, the City may, at its option, refuse to allow construction or <br />development work in the Subdivision until the Developer does comply. Upon the City's demand, the <br />Developer shall cease work until there is compliance. <br />(05) Third Parties. Third parties shall have no recourse against the City under this Agreement. <br />(06) Breach. Breach of the terms of this Agreement by the Developer shall be grounds for denial <br />of building permits, including lots sold to third parties. <br />(07) Severab li . If any portion, section, subsection, sentence, clause, paragraph, or phrase of <br />this Agreement is for any reason held invalid, such decision shall not affect the validity of the <br />remaining portion of this Agreement. <br />(08) Damage to Improvements. If building permits are issued prior to the acceptance of <br />Improvements, the Developer assumes all liability and costs resulting in delays in completion of <br />public Improvements and damage to Improvements caused by the City, Developer, its contractors, <br />subcontractors, material men, employees, agents, or thud parties. No sewer and water connections <br />or inspections may be conducted and no one may occupy a building for which a building permit is <br />issued on either a temporary or permanent basis until the streets needed for access have been paved <br />with a bituminous surface, the utilities are completed, and the vegetation is established and accepted <br />by the City Engineer. <br />(09) Amendments. The action or inaction of the City shall not constitute a waiver or amendment <br />to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, <br />signed by the parties and approved by written resolution of the City Council. The City's failure to <br />promptly take legal action to enforce this Agreement shall not be a waiver or release. <br />(10) Binding Contract. This Agreement shall run with the land and may be recorded against the <br />title to the property. The Developer covenants with the City, its successors and assigns, that the <br />Developer is well seized in fee title of the property being final platted and/or has obtained consents <br />to this Agreement, in the form attached hereto, from all parties who have an interest in the property, <br />12 <br />