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roadway and public improvements shall include removal of the cul-du-sac on the north end of <br /> the existing Revoir Street and modification of that cul-du-sac into a connector street and right-of- <br /> way meeting the City's applicable standards. Subject to other formal licensure and technical <br /> permits as set forth in this Agreement, the City grants the Developer permission to enter its <br /> rights-of-ways and easements for the purpose of constructing the improvements contemplated in <br /> this Section. <br /> 26. 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 for <br /> denial of building permits, until such breach is cured. <br /> C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br /> Agreement is for any reason held invalid, such decision shall not affect the validity of the <br /> remaining portion of this Agreement. <br /> D. If building permits are issued prior to the completion and acceptance of Public <br /> Improvements, the Developer assumes all liability and costs resulting in delays in completion of <br /> Public Improvements and damage to Public Improvements caused by theDeveloper, its <br /> contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and <br /> water connection permits may be issued and no one may occupy a unit or building for which a <br /> building permit is issued on a temporary or permanent basis until the streets needed for access <br /> are in a plowable and maintainable state and the utilities are accepted by the City. The building <br /> official, in consultation with public safety officials and the city engineer will make this <br /> determination. <br /> VERSION FOR COUNCIL 05/22/2019 Page 17 <br />