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registered as an Abstract a parcel. In order to obtain approval of a Final Plat for these lands, the <br />Developer was required to register Title to all lands on the Final Plat as Torrens property, and <br />agreed that no development can occur on Block 1, Lot IA, unless it is registered as Torrens. <br />26. NHSCELLANEOUS. <br />A. The term "Agreement" as used herein, refers to the original terms and conditions <br />of this Agreement between the Parties and any subsequent amendments or codicils to same. <br />B. Third parties shall have no recourse against the City under this Agreement. <br />C. Upon a breach of this Agreement, and the breach has not been remedied within the <br />applicable notice period, breach of the terms of this Agreement shall be grounds for denial of <br />building permits, future phases of development, certification of occupancy, future planning or <br />zoning applications, plats, or development contracts by or with Developer, assignees, owners of <br />parcels within the Plat, or any party subject to this Agreement. <br />D. 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 />E. 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 the Developer, its <br />contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water <br />connection permits may be issued and no one may occupy a unit or building for which a building <br />permit is issued on a temporary or permanent basis until the streets needed for access are in a <br />plowable and maintainable state and the utilities are accepted by the City. The building official, <br />in consultation with public safety officials and the city engineer will make this determination. <br />Version 08/20/2021 for Council packet Page 17 <br />