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1 . Certificate of Occupancy and Certificate of Completion. These certificates shall not 2 be denied solely due to failure by the CITY to construct the Arona Pond, Arona Pond 3 Pathway, or Terrace Drive Extension as described in Paragraphs 3F, 3G. and 3H hereof. 4 5 20. DEVFLOPER'S Default. In the event of default by the DEVELOPER as to any of the 6 work to be performed by it hereunder, the CITY may, at its option, perform the work and 7 the DEVELOPER shall promptly reimburse the CITY for any expense incurred by the r, a CITY, including personnel and attorney's fees, provided the DEVELOPER is fiat given 9 notice of the work in default, not less than 72 hours in advance, except in circumstances 10 where an emergency exists as reasonably determined the CITY. This Contract is a 1 license for the CITY to act, and it shall not be necessary for the CITY to seek a court 12 order for permission to enter the land.. when the CITY does any such worm, the CITY 13 may, in addition to its other remedies, assess the cost in whole or in part. 14 15 21. Miscellaneous. 16 17 A. The DEVELOPER represents to the CITY that, to the best of its knowledge, 18 the PLAT complies with all city, county, metropolitan, state and federal lags 19 and regulations including, but not limited to: subdivision ordinances, zoning 20 ordinances and environmental regulations. If the CITY determines that the 21 PLAT does not comply, the CITY may, at its option, refuse to allow 22 construction or development work in the PLAT until the DEVELOPED does 23 comply. Upon the CITY'S demand, the DEVELOPED shall cease work until 24 there is compliance. 25 26 13. Third parties shall have no recourse against the CITY under this Contract. 27 28 C. Default in the terms of this Contract by the DEVELOPER shall be grounds for 29 denial of building permits, including lots sold to third parties. 30 31 D. If any portion, section, subsection, sentence, clause, paragraph or phrase of 32 this Contract is for any reason helm invalid, such decision shall not affect the 33 validity of the remaining portions of this Contract. 34 35 E. If building permits are issued prior to the completion and acceptance of public 36 improvements, the DEVELOPED assumes all liability and costs resulting in 37 delays in completion of public improvements caused by the CITY, 38 DEVELOPER, its contractors, subcontractors,, rnaterialmen, employees, 39 agents or third parties. No occupancy permit shall be issued until public 40 improvements in Paragraph 7 are in and approved by the CITY other than 41 wear course of asphalt and all private landscape and restoration. 42 43 F. The action or inaction of the CITY shall not constitute a waiver or amendment 44 to the provisions of this Contract. To be binding, amendments or waivers 45 shall be in writing, signed by the parties and approved by written resolution of Page 9 of 12