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JUL. 30. 1997 1:49PM CITY OF ROSEVILLE NO. 724 P.9/11 Deve10pment Contract Southwind of Rosevitle Page 9 E. Boitding permit vA be issued for Units 1-4 upon approvat of the PUD to aItow the construction of display models, provided all buitding activity occurs within existing tot. lines. If buitding pennits are issued for any other parcels prior to the COh.ptetion and acceptance of pubflC improvements, the Devetoper assumes aft liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Devetoper, its contractors, subcontractors, materialmen, emptoyees, agents or third partie$. No occupancy permits shall be issued until public improvements in paragraph 6 are in and approved by the City, except for Units 1-4. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shalt be in writing, signed by the parties and approved by written reso1ution of the City Councit. The City's failure to promptly take legal action to enforce this ContTact shall not be a waiver or release. G. The Developer represents to the City to the best of its knowledge that the plat is not of "metropolitan significance" and that an environmenta' impact statement is not required. If the City or another governmental agency determines that such a review is needed, however, the Developer shall prepare it in compliance with legal requirements so issued from the agency. The Deveioper shaR reimburse the City for a1l expenses, including staff time and attorney's fees, that the City incurs in assisting in the preparation of the review. H. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this contract, at the Developer's request, the City wilt execute and deliver to the Developer a re(ease. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the Cfly, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power Of' remedy. J. The Developer may not assign this Contract without the written permission of the City Council. 22. Notices