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229446v1 <br />City may, at its option, refuse to allow construction or development work in the plat until the Developer <br />does comply. Upon the City's demand, the Developer shall cease work until there is 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 any <br />reason held invalid, such decision shall not affect the validity of the remaining portion of this 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 six model homes on lots acceptable to the Building Official <br />where access to the model homes for emergency vehicles is provided and maintained at all times. <br />F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes <br />all liability and costs resulting in delays in completion of public improvements and damage to public <br />improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, <br />agents, or third parties. No sewer and water connections or inspections may be conducted and no one <br />may occupy a building for which a building permit is issued on either a temporary or permanent basis <br />until the streets needed for access have been paved with a bituminous surface and the utilities are <br />accepted by the City Engineer. <br />G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this <br />Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved <br />by written resolution of the City Council. The City's failure to promptly take legal action to enforce <br />this Contract shall not be a waiver or release. <br />H. This Contract shall run with the land and may be recorded against the title to the property. In the event <br />this Contract is recorded, upon request by Developer, the City covenants to provide a recordable <br />Certificate of Completion within a reasonable period of time following the request, upon the <br />completion of the work and responsibilities required herein, payment of all costs and fees required and <br />Page 78 of 299