Development Contract for Shoreline Estates

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C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including those for lots sold to third parties, provided that any breach, notice of which is provided by the City after the issuance of a building permit, shall not affect the validity of any building permits issued prior to such notice unless such breach pertains to the lot for which such building permit was issued. 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. Grading and one lift of asphalt shall be installed on the private road prior to issuance of any building permits, provided, however, that one building permit on one Lot may be issued prior to completion of grading and one lift of asphalt on the private road. F. If building permits are issued prior to the completion of all Improvements, the Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in writing. G. In addition to the charges referred to herein, other charges may be imposed such as, but not limited to, sewer availability charges ("SAC") and building permit fees. H. 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 16 278322 218300v1