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land. When the City does any such work,the City may,in addition to its other remedies,assess the cost in whole or in <br /> part. <br /> 29. MISCELLANEOUS. <br /> A. If the City determines that the Development/RPUDA/PUD #9 does not comply with any <br /> City, County, Metropolitan, State or Federal laws or regulations, the City may, at its option, refuse to allow <br /> construction or development work in the Development/RPUDA/PUD#8 until the Developer does comply. Upon the <br /> City's demand,the Developer shall cease work until there is compliance. <br /> B. Third parties shall have no recourse against the City 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 lots sold to third parties. <br /> D. If any 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 portion of this Contract. <br /> E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets <br /> prior to issuance of any building permits. <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 caused <br /> by the City,the Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No one <br /> may occupy a building for which a building permit is issued on either a temporary or permanent basis until the Private <br /> Road has been paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer in <br /> 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 and <br /> approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this <br /> Contract shall not be a waiver or release. <br /> H. This Contract shall run with the land and may be recorded against the title to the property. <br /> The Developer covenants with the City,its successors and assigns,that the Developer or an affiliate of Developer or a <br /> 6/12!14;MPG 9/16/14 13 Orono/Oliver Hill/No. 13-3637& 14-3685 <br /> 176712v2 <br />