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• 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. 29. MISCELLANEOUS. A. If the City determines that the Development/RPUD/PUD #7 does not comply with any City, County, Metropolitan, State or Federal laws or regulations, the City may, at its option, refuse to allow construction or development work in the Development/RPUD/PUD #7 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. Breach of 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 portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of a certificate of occupancy. 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. The Developer covenants with the City, its successors and assigns, that the Developer or an affiliate of Developer or a party acting on behalf of an affiliate of Developer will be well seized in fee title of the Development/RPUD/PUD #7 property prior to issuance of the building permit and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that Developer knows of no unrecorded interests in the Development/RPUD/PUD #7 property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 14 ORONO/Orono Senior Housing Project No. 11-3498 (875 Wayzata Boulevard)