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<br />A. The Developer represents to the City that the plat complies with all City, county, <br />metropolitan, state and federal laws and regulations including, but not limited to: <br />subdivision ordinances, zoning ordinances and environmental regulations. If the <br />City determines that the plat does not comply, the City may, at its option, refuse to <br />allow construction or development work in the plat until the Developer does <br />comply. Upon the City's demand, the Developer shall cease work until there is <br />compliance. <br /> <br />B. Third parties shall have no recourse against the City under this Contract. <br /> <br />C. Breach of the terms of this Contract by the Developer shall be grounds for denial <br />of building permits, including lots sold to third parties. <br /> <br />D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this <br />Contract is for any reason held invalid, such decision shall not affect the validity of <br />the remaining portion of this Contract. <br /> <br />E. Ifbuilding permits are issued prior to the completion and acceptance of public <br />improvements, the Developer assumes all liability and costs resulting in delays in <br />completion of public improvements and damage to public improvements caused by <br />the City, Developer, its contractors, subcontractors, materialmen, employees, <br />agents or third parties. No occupancy permit shall be issued until public <br />improvements in paragraph 7 are in and approved by the City. <br /> <br />F. The action or inaction of the City shall not constitute a waiver or amendment to <br />the provisions of this Contract. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution of the City <br />Council. The City's failure to promptly take legal action to enforce this Contract <br />shall not be a waiver or release. <br /> <br />G. The Developer represents to the City to the best of its knowledge that the plat is <br />not of "metropolitan significance" and that an environmental impact statement is <br />not required. If the City or another governmental agency determines that such a <br />review is needed, however, the Developer shall prepare it in compliance with legal <br />requirements so issued trom the agency. The Developer shall reimburse the City <br />for all expenses, including staff time and attorney's fees, that the City incurs in <br />assisting in the preparation of the review. <br /> <br />H. This Contract shall run with the land and may be recorded against the title to the <br />property. After the Developer has completed the work required of it under this <br />contract, at the Developer's request, the City will execute and deliver to the <br />Developer a release. <br /> <br />7 <br />