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construction work done by the Developer or its agents or assigns <br />respectively. Failure to do so within 24 hours verbal notice by the City <br />will result in the City undertaking this work with costs subject to <br />reimbursement by the Developer pursuant to Paragraph ##11. <br />g. Owners of Lots 1 -2, Block 1, and Lots 1-12, Block 2 shall <br />each have <br />an undivided interest <br />in Outlot A for the purposes of ongoing <br />maintenance and the payment of real estate taxes. Outlot A shall be <br />preserved and maintained as appropriate for a ponding area. <br />h. This Agreement is subject to the terms and conditions of the <br />Joint Powers Agreement to be executed by and between the City of Little <br />Canada and the City of Vad.nai.s Heights (Exhibit " C" ). Developer shall <br />cooperate fully with both cities <br />to effectuate the terms of that Agreement. <br />Developer acknowledges full assumption of any risk created to their <br />operations by the fact this Agreement has not yet been approved., <br />i. Future occupants of the plat shall not be deemed to be <br />third - party beneficiaries of this Agreement. <br />J . <br />Should a public water supply not be available to serve units <br />constructed within the plat in a timely manner, Developer shall be allowed <br />to connect said homes to a private well(s) pending the availability of an <br />adequate source of public water supply. Any such well constructed shall be <br />done in accordance with all applicable <br />expense. Furthermore, any assessments <br />regulations and at Developer's sole <br />resulting from the availability of a <br />public water supply shall be accepted by Developer or subsequent owners <br />based upon 100% of the cost attributed to providing service to this <br />subdivision. Developer shall have owners of any lots connected to a well <br />execute an acknowledgment of this provision and a waiver of right to appeal <br />-8- <br />