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29. MISCELLANEOUS. <br />A. The Developer represents to the City that the Plat complies with all city, county, <br />state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning <br />ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City <br />may, at its option, refuse to allow construction or development work on the Land until the Developer does <br />comply. Upon the City's demand, the Developer shall cease work until there is compliance. <br />Contract. <br />B. Third parties shall have no recourse against the City or Developer under this <br />C. Breach of the terms of this Contract by the Developer shall be grounds for denial of <br />building permits, including those for lots sold to third parties. <br />D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions <br />of this Contract. <br />E. Grading and one lift of asphalt shall be installed on all streets prior to issuance of <br />any building permits. <br />F. If building permits are issued prior to the completion of all Improvements, the <br />Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to <br />Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, <br />agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a <br />building for which a building permit is issued on either a temporary or permanent basis until the streets <br />needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted <br />by the City Engineer in writing. <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, signed by the parties <br />and approved by written resolution of the City Council. The City's failure to promptly take legal action to <br />enforce this Contract shall not be a waiver or release. <br />188905v1 14 <br />