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<br />9 <br />227533v1 <br />D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract <br />is for any reason held invalid, such decision shall not affect the validity of the remaining <br />portions of this Contract. <br /> <br />E. If building permits are issued prior to the completion of all Improvements, Developer <br />assumes all liability and costs resulting in delays in completion of Improvements and <br />damage to Improvements caused by the City, Developer, its contractors, subcontractors, <br />material suppliers, employees, agents, or third parties. No sewer and water connection <br />permits may be until the Sewer Extension is complete. <br /> <br />F. In addition to the charges referred to herein, other charges may be imposed such as, but <br />not limited to, sewer availability charges, sewer connection charges, and building permit <br />fees. <br /> <br />G. 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 writing, <br />signed by the parties and approved by written resolution of the City Council. The City’s <br />failure to promptly take legal action to enforce this Contract shall not be a waiver or <br />release. <br /> <br />H. This Contract shall run with the Land and may be recorded against the Land. Developer <br />covenants with the City, its successors and assigns, that Developer is well seized in fee <br />title of the Land and/or has obtained consents to this Contract, in the form attached hereto, <br />from all parties who have an interest in the Land; that there are no unrecorded interests <br />in the Land; and that Developer will indemnify and hold the City harmless for any breach <br />of the foregoing covenants. <br /> <br />I. Each right, power or remedy herein conferred upon the City is cumulative and in addition <br />to every other right, power or remedy, express or implied, now or hereafter arising, <br />available to the City, at law or in equity, or under any other agreement, and each and <br />every right, power and remedy herein set forth or otherwise so existing may be exercised <br />from time to time as often and in such order as may be deemed expedient by the City and <br />shall not be a waiver of the right to exercise at any time thereafter any other right, power <br />or remedy. <br /> <br />J. Developer may not assign this Contract without the written permission of the City <br />Council. Developer’s obligations hereunder shall continue in full force and effect even <br />if Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request, <br />the City shall provide, in recordable form, a release of any lot in the Plat from this <br />Development Contract if the City determines that the terms and conditions of this <br />Contract have been satisfied. <br /> <br />K. Developer shall be responsible for all snow removal from vacant lots to the extent that <br />City Ordinance requires snow removal. Developer shall be responsible for ensuring <br />that all vacant lots comply with the City’s Code regarding nuisances. <br /> DRAFT