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<br />D. Grading, curbing, and one lift of asphalt shall be installed on all public <br /> <br /> <br />streets prior to issuance of any building permits, except that building permits may be issued for <br /> <br /> <br />two (2) single-family model homes on lots in Hunter's Crossing 3rd Additio~, upon the City's <br /> <br /> <br />receipt of the certified "as constructed" grading.plan and subsequent to execution ofa contract <br /> <br /> <br />'by the City for the Public Improvements. 'Bui~ding permits for non-model homes may be issued <br /> <br /> <br />after installation of public utilities to the lot and installation of class 5 aggregate base and <br /> <br /> <br />concrete curb and gutter to the street. <br /> <br /> <br />E. If building permits are issued prior to the completion and acceptance of <br /> <br />Public Improvements, t~e Developer assumes all liability and costs resulting in delays in <br /> <br /> <br />completion of Public Improvements and damage to Public Improvements caused by the City, <br /> <br /> <br />Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No <br /> <br />sewer and water connection permits may be issued and no one may occupy a ,home or building <br /> <br />for which a building permit is issued on either a temporary or permanent basis until the streets <br /> <br /> <br />'needed for access have been paved with a bituminous surface and the utilities are accepted by the <br /> <br /> <br />City Engineer. <br /> <br />F. The action or inaction of the City shall not constitute a' waiver or <br /> <br />amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be <br /> <br />in writing, signed by the parties and approved by written resolution of the City Council. The <br /> <br />City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or <br /> <br />release. <br /> <br />G. This Agreement shall ,run with the land and may be rec.orded against the <br /> <br />title to the Land. The Developer covenants with the City, its successors and assigns, that the <br /> <br />'Developer is well seized in fee title of the subject property and/or has obtained consents to this <br /> <br />Agreement, in the form attached hereto, from all parties who have an interest in the property; that <br /> <br />Agreement Hunter's Crossing 3rd v5 <br /> <br />15 <br /> <br />!~ <br />