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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 /> often and in such order as may be deemed expedient by the City and shall not be a waiver of the <br /> right to exercise at any time thereafter any other right,power or remedy. <br /> 15 <br /> Ivy Place Development Contract <br />