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<br />--- --.-~----~----------------- ------- <br /> <br />for denial of building permits, including lots sold to third parties. <br /> <br />C. If any portion, section, subsection, sentence, clause, paragraph, or phrase <br /> <br />of this Agreement is for any reason held invalid, such decision shall not affect the validity of the <br /> <br />remaining portion of this Agreement. <br /> <br />D. Grading, curbing, and one lift of asphalt shall be installed on all public <br /> <br />streets prior to issuance of any building permits, except that building permits may be issued for <br /> <br />one (1) single-family model home on lots in Clearwater Creek Estates, upon the City's receipt of <br /> <br />the certified "as constructed" grading plan and subsequent to execution of a contract by the City <br /> <br />for the Public Improvements. Building permits for non-model homes may be issued after <br /> <br />installation of public utilities to the lot and installation of class 5 aggregate base and concrete <br /> <br />curb and gutter to the street. <br /> <br />E. If building permits are issued prior to the completion and acceptance of <br /> <br />Public Improvements, the Developer assumes all liability and costs resulting in delays in <br /> <br />completion of Public Improvements and damage to Public Improvements caused by the City, <br /> <br />Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No <br /> <br />sewer and water connection permits may be issued and no one may occupy a home or building <br /> <br />for which a building permit is issued on either a temporary or permanent basis until the streets <br /> <br />needed for access have been paved with a bituminous surface and the utilities are accepted by the <br /> <br />City Engineer. <br /> <br />F. The action or inaction of the City shall not constitute a waiver or <br /> <br />. amendment to the provisions of this Agreement. To be binding, amendments or waivers. shall be <br /> <br />in writing, signed by the parties and approved. by written resolution of the City. Council. The <br /> <br />City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or <br /> <br />release. <br /> <br />Hanzal Development Agreement v8 <br /> <br />15 <br />