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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />II <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />15. DEVELOPER's Default. In the event of default by the DEVELOPER as to any of the <br />work to be performed by it hereunder, the CITY may, at its option, perform the work and <br />the DEVELOPER shall promptly reimburse the CITY for any expense incurred by the <br />CITY, including personnel and atlorney's fees, provided the DEVELOPER is first given <br />notice of the work in default, not less than 48 hours in advance. This Contract is a license <br />for the CITY to act, and it shall not be necessary for the CITY to seek a court order for <br />permission to enter the land. When the CITY does any such work, the CITY may, in <br />addition to its other remedies, assess the cost in whole or in part. <br />16. Miscellaneous. <br />A. The DEVELOPER represents to the CITY that, to its knowledge, the <br />installation of the public improvements contemplated by this Contract <br />complies with all CITY, county, metropolitan, state and federal laws and <br />regulations including, but not limited to: subdivision ordinances, zoning <br />ordinances and environmental regulations. If the CITY determines that the <br />installation of the public improvements does not conlply, the CITY may, at its <br />option, refuse to allow construction or development work in the public right- <br />of-way until the DEVELOPER does comply. Upon the CITY's demand, the <br />DEVELOPER shall cease work until there is compliance. <br />B. <br />C� <br />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 />D. If any portion, section, subsection, sentence, clause, paragraph or phrase of <br />this Contract is for any reason held invalid, such decision shall not affect the <br />validity of the remaining portions 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 <br />delays in completion of public improvements caused by the CITY, <br />DEVELOPER, its contractors, subcontractors, materialmen, employees, <br />agents or third parties. No occupancy permit shall be issued until public <br />improvements in Section 2 are in and approved by the CITY. <br />F. The action or inaction of the CITY shall not constitute a waiver or amendment <br />to the provisions of this Contract. To be binding, amendments or waivers <br />shall be in writing, signed by the parties and approved by written resolution of <br />the City Council. The CIT�'s failure to promptly take legal action to enforce <br />this Contract shall not be a waiver or release. <br />G. This Contract shall be binding upon and inure to the benefit of the CITY and <br />the DEVELOPER and their successors and assigns. <br />Page 6 of 9 <br />