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<br />229446v1 <br />4476897.v2 <br />This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for <br />permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, <br />assess the cost in whole or in part. <br /> 28. MISCELLANEOUS. <br />A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, <br />and federal laws and regulations, including but not limited to: subdivision ordinances, zoning <br />ordinances, and environmental regulations. If the City determines that the plat does not comply, <br />the City may, at its option, refuse to allow construction or development work in the plat until the <br />Developer does comply. Upon the City's demand, the Developer shall cease work until there is <br />compliance. <br />B. Third parties shall have no recourse against the City under this Contract. <br />C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, <br />including lots sold to third parties. <br />D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for <br />any reason held invalid, such decision shall not affect the validity of the remaining portion of this <br />Contract. <br />E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to <br />issuance of any building permits, except three (3) model homes on lots acceptable to the Building <br />Official where access to the model homes for emergency vehicles is provided and maintained at <br />all times. <br />F. If building permits are issued prior to the acceptance of public improvements, the Developer <br />assumes all liability and costs resulting in delays in completion of public improvements and damage <br />to public improvements caused by the City, Developer, its contractors, subcontractors, material <br />men, employees, agents, or third parties. No sewer and water connections or inspections may be <br />conducted and no one may occupy a building for which a building permit is issued on either a <br />Page 231 of 309