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<br />24. MISCELLANEOUS. <br /> <br />A. Third parties shall have no recourse against the City under this Agreement, <br /> <br />and the Developer shall indemnify the City and its officers, employees, and agents for all costs, <br /> <br />damages, or expenses that the City may payor incur in consequence of such claims, including <br /> <br />attorneys' fees. <br /> <br />B. Breach of the terms of this Agreement by the Developer shall be grounds <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. Bai.ldmg permits fer neB meael homes may be issued after <br /> <br />iastallatioB of p1:1blie 1:1tilities to the lot and iastallatioR of elass 5 aggregate base and eOflerete <br /> <br />emb aBd 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 />- <br />Hanzal Development Agreement v91.docHlHW8:I De,:elepmeat f.gFeemeBt v98 <br /> <br />15 <br />