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at its option, refuse to allow construction or development work in the plat until the <br />DEVELOPER does comply. Upon the C�T"Y's demand, the DEVELOPER shall <br />cease work until there is compliance. <br />f� Third parties shall have no recourse against the CITY under this Contract. <br />�:. Breach of the terms of this Contract by the DEVELOPER shall be grounds for <br />denial of building permits, including lots sold to third parties. <br />L�. 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 <br />of the remaining portions of this Contract. <br />I�:. If building permits are issued prior to the completion and acceptance of public <br />improvements, the DEVELOPER assumes all liability and costs resulting in <br />delays in completion of public improvements caused by the CITY, DEVELOPER, <br />its contractors, subcontractors, materialmen, employees, agents or third parties. <br />No occupancy permit shall be issued until public improvements in Paragraph 5 <br />are compleied and approved by the CITY. <br />�. Any 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 sha�l 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 <br />Contract shall not be a waiver or release. <br />�. 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 <br />this contract, at the DEVELOPER's request, the CITY will execute and deliver to <br />the DEVELOPER a release. <br />��. 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 <br />hereafter arising available to the CITY, at law or in equity, or under any other <br />agreement, and each and every right, power and remedy herein set forth or <br />otherwise so e�sting may be exercised from time to time as often and in such <br />order as may be deemed expedient by the CITY and shall not be a waiver of the <br />right to exercise at any time thereafter any other right, power or remedy. <br />The DEVELOPER may not assign this Contract without the written permission of <br />the City Council. <br />R. The CITY assumes no responsibility for the design, construction, maintenance, or <br />longevity of DEVELOPER installed retaining walls. <br />1 <br />� <br />