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c. Operation of HOA, including documents such as Articles of Incorporation and Bylaws <br /> d. Mechanism for City to enforce HOA in the event of default <br /> e. Timing of transfer control of HOA from Developer to Owners <br /> 22. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any <br /> of the work to be performed by it hereunder,the City may, at its option,perform the work and <br /> the Developer shall promptly reimburse the City for any expense incurred by the City,provided <br /> the Developer, except in an emergency as determined by the City, is first given notice of the <br /> work in default,not less than 48 hours in advance. This Agreement is a license for the City to <br /> act, and it shall not be necessary for the City to seek a Court order for permission to enter the <br /> Plat. When the City does any such work,the City may,in addition to its other remedies,assess <br /> the cost in whole or in part. <br /> 23. MISCELLANEOUS. <br /> A. Third parties shall have no recourse against the City under this Agreement. <br /> B. Breach of the terms of this Agreement by the Developer shall be grounds <br /> for denial of building permits,including lots sold to third parties. <br /> C. If any portion, section, subsection, sentence, clause,paragraph, or phrase <br /> of this Agreement is for any reason held invalid, such decision shall not affect the validity of the <br /> remaining portion of this Agreement. <br /> D. Building permits may be issued for two(2)single-family model homes on <br /> lots in the plat,upon the City's receipt of the certified"as constructed" grading plan and <br /> installation of all public improvements up to and including Class 5 aggregate base. Building <br /> permits remaining homes may be issued after completion of concrete curb and gutter to the street <br /> and bituminous base course pavement. <br /> VKG--2017-11-03 Page 14 <br /> 29 <br />