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<br />relating to this Development Contract and the installation and financing of the <br />aforementioned improvements. <br /> <br />F. OCCUPATION OF PREMISES. The Developer further agrees that it will not cause to <br />be occupied any premises upon the plat or any property within the plat until the <br />completion of the gas, electric, telephone, cable television, water, and sewer <br />improvements required by this Development Contract have been installed, unless the City <br />has agreed in writing to waive this requirement as to a specific premises. Furthermore, <br />Developer shall be granted no certificates of occupancy for homes within the plat prior to <br />substantial completion of all Private and Street and Utility Improvements described in <br />this Contract, including the base course layer of pavement. Building Permits shall be <br />issued only within the constraints as set forth previously herein. <br /> <br />G. OWNERSHIP OF IMPROVEMENTS. Upon completion ofthe work and construction <br />required by tlus Contract and acceptance by the City, the improvements lying within the <br />public easements shall become City property without further notice or action. <br /> <br />H. fNDEMNIFICA TION AND HOLD HARMLESS. The Developer shall hold the City and <br />its officers and employees harmless from claims made by itself and third parties for <br />damages sustained or costs incurred resulting from subdivision plat approval and <br />development. The Developer shall indeIlllliiY the City and its officers and employees for <br />all costs, damages, or expenses which the City may payor incur in consequence of such <br />claims, including reasonable attorneys fees. Provided that nothing herein shall require <br />Developer to indemnifY the City, its officers or employees from any violation oflaw or <br />from the consequences of their own negligence. <br /> <br />1. PROHIBITIONS AGAINST ASSIGNMENT OF AGREEMENT. Developer represents <br />and agrees that prior to the completion of the Developer improvements as certified by the <br />City: <br /> <br />1. Except by way of security for, and only for the purpose of obtaining financing <br />necessary to enable the Developer to perform its obligations with respect to the <br />construction of the improvements under this Agreement and any other purpose <br />authorized by this Agreement, the Developer (except as so authorized) will not <br />make or create, or suffer to be made or created, any total or partial sale, <br />assignment, conveyance, or transfer in any other mode or fonn, with respect to <br />this Agreement or any interest therein, or any contract or agreement to do any of <br />the same, without the prior written approval of the City. <br /> <br />2. In the absence of specific written agreement by the City to the contrary, no such <br />transfer or approval by the City shall be deemed to relieve Developer from any of <br />its obligations. In the event that the City approves a substitute Developer and the <br />property is transferred to said substitute, the City agrees to relieve the Developer <br />of liability from performance as described in this Contract. Said substitute shall <br />assume all responsibilities and rights of the Developer under this Contract. <br /> <br />6 <br />