2004_1025_Packet - Laserfiche WebLink

Home

notice of the work in default, not less than 72 hours in advance, except in circumstances where an emergency exists as reasonably determined the CITY. This Contract is a license for the CITY to act, and it shall not be necessary for the CITY to seek a court order for permission to enter the land. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. 21. Miscellaneous. A. The DEVELOPER represents to the CITY that, to the best of its knowledge, the PLAT complies with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the CITY determines that the PLAT does not comply, the CITY may, at its option, refuse to allow construction or development work in the PLAT until the DEVELOPER does comply. Upon the CITY'S demand, the DEVELOPER shall cease work until there is compliance. B. Third parties shall have no recourse against the CITY under this Contract. C. Default in the terms of this Contract by the DEVELOPER shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. E. If building permits are issued prior to the completion and acceptance of public improvements, the DEVELOPER assumes all liability and costs resulting in delays in completion of public improvements caused by the CITY, DEVELOPER, its contractors, subcontractors, materialmen, employees, agents or third parties. No occupancy permit shall be issued until public improvements in Paragraph 7 are in and approved by the CITY other than wear course of asphalt and all private landscape and restoration. 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 shall be in writing, signed by the parties and approved by written resolution of the City Council. The CITY'S failure to promptly take legal action to enforce this Contract shall not be a waiver or release. G. 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 or portions thereof, at the DEVELOPER'S request, the CITY will execute and deliver to the DEVELOPER a certificate of completion indicating that the DEVELOPER has met the obligations as described in the certificate of completion. Page 8 of 11