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2002_0429_packet
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2002_0429_packet
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E. Curb cuts by builder shall be constructed as per City specifications for replacing <br />concrete curbs and driveways. <br />19. Developer's Default. In the event of default by the Developer as to any of the work to be <br />performed by it hereunder, the City may, at its option, perform the work and the Developer shall <br />promptly reimburse the City for any expense incurred by the City, provided the Developer is first <br />given 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 permission <br />to enter the land. When the City does any such work, the City may, in addition to its other <br />remedies, assess the cost in whole or in part. <br />20. 1�Iiscellaneous. <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 City <br />determines that the plat does not comply, the City may, at its option, refuse to allow <br />construction or development work in the plat until the Developer does comply. Upon <br />the City's demand, the Developer hall cease work until there is 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 of <br />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 contractors, <br />subcontractors, materialmen, employees, agents or third parties. No occupancy <br />permit shall be issued until public improvements in Paragraph 7 are in and approved <br />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' failure to promptly take legal action to enforce this Contract shall not be a <br />waiver or release. <br />G. 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 this <br />contract, at the Developer's request, the City will execute and deliver to the <br />Developer a release. <br />Page 6 of 8 <br />
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