2022-05-25 CC Packet - Laserfiche WebLink

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C.Upon a breach of this Agreement, and the breach has not been remedied within the applicable notice period, breach of the terms of this Agreement shall be grounds for denial of building permits, future phases of development, certification of occupancy, future planning or zoning applications, plats, or development contracts by or with Owner, assignees, owners of parcels within the Plat, or any party subject to this Agreement. D.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. E.If building permits are issued prior to the completion and acceptance of Public Improvements, the Owner assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the Owner, 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. F.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. G.This Agreement shall run with the land and may be recorded against the title to the Land as shown on the Final Plat. The Owner covenants with the City, its successors, and assigns, that the Owner is well seized in fee title of the subject property and/or has obtained consents to DEVELOPMENT & SUBDIVISION AGREEMENT CENTERVILLE AND BANJO Draft Version 05/20/2022v3 – for Council Packet- Page 16