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2006_1009_Packet
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2006_1009_Packet
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l�r��t � �`L� <br />19. Miscellaneous. <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 />B. Third parties shall have no recourse against the CITY under this Contract. <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 />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 />E. If building 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 caused by the CITY, DEVELOPER, its <br />contractors, subcontractors, materialmen, employees, agents or third parties. No <br />occupancy permit shall be issued until public improvements in Paragraph 7 are in and <br />approved by the CITY. <br />F. The action or inaction of the CITY shall not constitute a waiver or amendment to the <br />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 Council. <br />The CITY's failure to promptly take legal action to enforce this Contract shall not be <br />a waiver or release. <br />G. This Contract shall r�m 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 />H. Each right, power or remedy herein conferred upon the CITY is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter <br />arising, available to the CITY, at law or in equity, or under any other agreement, and <br />each and every right, power and remedy herein set forth or otherwise so existing may <br />be exercised from time to time as often and in such order as may be deemed <br />expedient by the CITY and shall not be a waiver of the right to exercise at any time <br />thereafter any other right, power or remedy. <br />Page 7 of 9 <br />
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