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Development Contract� Gateway Business Park (OPUS) Page 8 of 11 20. DeveloQer's Default In the event of default by the Developer as to any of the work to be perFormed by it hereunder, the City may, withhoid Building permits and certificate of occupancies -•°-- ---�--.... .�,. �. ., .�.,. �,..,�r,...e, �tiYii iiviTi ii�c�U2V6i0jJ�� Uf ... ..j :ij:L'v�:, rci:vni� :nc YYVI(� aina uic vc.owp,.. ... promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in defauit, not less than 30 days 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 land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part, pursuant to the assessment procedures of Paragraph 8. 21. 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 soid 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. If building permits are issued prior to the completion of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements solely caused by the Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. No occupancy permit shall be issued until public improvements in paragraph 6 are in and approved by the City. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City to the best of its knowledge that the plat is not of "metropolitan significance" and that an environmental impact statement (EIS) is not required. The City has completed an environmental assessment worksheet and found that no EIS is required for the development as it has been proposed. The Developer will not substantially change the project. In the future, if the City or another governmental agency reasonably determines that such a review is needed, the City shall prepare