2009-06-10 CC Packet - Laserfiche WebLink

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the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice ofthe work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Plat. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 22. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. 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. D. Building permits may be issued for five (5) single-family model homes on lots in the plat, upon the City's receipt of the certified "as constructed" grading plan. Building permits for non-model homes may be issued after installation of public utilities to the lot and installation of class 5 aggregate base and concrete curb and gutter to the street. E. If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a model home or building for which a building permit is issued on either a temporary or permanent basis until the Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition VIS.doc Page IS