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<br />13 <br /> <br />220299v4A <br />31. MISCELLANEOUS. <br /> A. The Developer represents to the City that the Plat complies with all city, county, state, and <br />federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and <br />environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse <br />to allow construction or development work on the Land until the Developer does comply. Upon the City's demand, <br />the Developer shall cease work until there is compliance. <br /> B. Third parties shall have no recourse against the City or Developer under this Contract. <br /> C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building <br />permits, including those for lots sold to third parties. <br /> D. If an y portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is <br />for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. <br /> E. Grading and one lift of asphalt shall be installed on all streets prior to issuance of any building <br />permits for homes accessing via said streets. <br /> F. If building permits are issued prior to the completion of all Improvements, the Developer <br />assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements <br />caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. <br /> G. In addition to the charges referred to herein, other charges may be imposed such as, but not <br />limited to, building permit fees. <br /> H. The action or inaction of the City shall not constitute a waiver or amendment to the provisions <br />of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by <br />written resolution of the City Council. The City’s failure to promptly take legal action to enforce this Contract shall <br />not be a waiver or release.