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15 <br />LA515\137\947791.v5 <br />from Stillwater Way depicted and shaded gray in Exhibit C that is identified as <br />the Emergency and Construction Access Road; <br />2. A grading as-built plan approved by the City for Lot 2, Block 2 to include the <br />commercial buildings and all downstream drainage facilities; <br />3. All storm water drainage facilities that include and are downstream from Lot 2, <br />Block 2 are in place, meet the approved project plans, and are verified by the <br />City; and <br />4. The Developer has installed adequate parking, and sanitary sewer and municipal <br />water to Lot 2, Block 2. <br />C. The City will not issue a certificate of occupancy for any building on a Commercial <br />Lot until: <br />1. The Commercial Lot has paved street access, parking, and circulation and <br />meets all City Code requirements; <br />2. The Developer has installed all the curb and gutter and sidewalks in the <br />phase of the development in which the Commercial Lot is located; <br />3. The Developer has installed all storm water facilities for and adjacent to the <br />Commercial Lot and the storm water facilities down-stream from the <br />Commercial Lot: <br />4. All other building and City Code requirements, including but not necessarily <br />limited to, connection to sanitary sewer and water and all conditions and <br />improvements identified in paragraph 25 (A) above have been completed, <br />inspected, verified by as-built surveys, and approved and accepted by the <br />City. <br />D. Breach of the terms of this Agreement by the Developer, including nonpayment of <br />billings from the City, shall be grounds for denial of building permits, certificates of