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E. Grading and one lift of asphalt shall be installed on all streets prior to <br />issuance of any building permits for homes accessing via said streets. <br />F. If building permits are issued prior to the completion of all Improvements, <br />the Developer 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, material <br />men, employees, agents, or third parties. No sewer and water connection permits may be issued and <br />no one may occupy a building for which a building permit is issued on either a temporary or <br />permanent basis until the streets needed for access have been paved with at least one lift of <br />bituminous surface and the utilities are accepted by the City Engineer in writing. <br />G. The action or inaction of the City shall not constitute a waiver or amendment <br />to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed <br />by the parties and approved by written resolution of the City Council. The City's failure to promptly <br />take legal action to enforce this Contract shall not be a waiver or release. <br />H. This Contract shall run with the Land and may be recorded against the Land. <br />The Developer covenants with the City, its successors and assigns, that the Developer is well seized <br />in fee 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 in the Land; <br />and that the Developer will indemnify and hold the City harmless for any breach of the foregoing <br />covenants. <br />I. Each right, power or remedy herein conferred upon the City is cumulative <br />and in addition 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 every right, <br />power and remedy herein set forth or otherwise so existing may be exercised from time to time as <br />17 <br />189563v1 <br />