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Developer, except in an emergency as reasonably determined by the City, is first given notice of <br />the work in default, not less than 48 hours in advance. The Agreement and this Supplement is a <br />license for the City to act, and it shall not be necessary for the City to seek a Court order for <br />permission to enter the Plat. When the City does any such work, the City may, in addition to its <br />other remedies, assess the cost in whole or in part. <br /> 18. HOMEOWNERS ASSOCIATION AND SPECIAL CONDITIONS <br />GOVERNING LOT 8, BLOCK 2 OF THE SECOND ADDITION. The Agreement required <br />perpetual maintenance of the planned development of Outlot A, Old Mill Estates. This Supplement <br />relieves the Developer of the requirement to establish an HOA, and for the perpetual maintenance <br />of Outlot A, in exchange for the following conditions governing Lot 8, Block 2, Old Mill Estates <br />Second Addition. <br /> The City shall not approve a subdivision of Lot 8, Block 2, Old Mill Estates Second <br />Addition without a demonstration of how the homesites (building pads) of said subdivision will <br />be accessed with a driveway. This may be demonstrated by showing viable access to the homesites <br />without impact to wetlands, or by submitting an approved wetland impact permit from the Local <br />Governing Authority (LGA) for the Wetland Conservation Act (WCA), allowing access through <br />the wetland. <br /> 19. MISCELLANEOUS. <br />A. Third parties shall have no recourse against the City under this Supplement. <br /> B. Breach of the terms of this Supplement by the Developer shall be grounds for denial <br />of building permits, until such breach is cured. <br />Version 8/6/2020-1 for Council packet Page 12 <br /> <br />