2018-10-24 CC Packet - Laserfiche WebLink

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26. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a unit or building for which a building permit is issued on a temporary or permanent basis until the streets needed for access are in a plowable and maintainable state and the utilities are accepted by the City. The building official, in consultation with public safety officials and the city engineer will make this determination. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. This Agreement shall run with the land and may be recorded against the title to the Land, except for Lot 10, Block 1, as shown on the Plat for the Bay View Villas. The Developer covenants with the City, its successors and assigns, that the Developer is well seized Version for Council Packet - 10/19/2018 Page 15 81