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<br />LA515\110\984498.v1 <br />that the Subdivision Improvements within such Phase have been installed in <br />accordance with the approved Plans. <br />C. The City will issue a certificate of occupancy for the building that is to be constructed <br />in Phase 2 of the Phasing Plan provided that all Subdivisions Improvements that are <br />within both Phase 1 and Phase 2 have been installed by the Developer and are <br />accepted by the City. The City will not accept any Subdivision Improvements until <br />as-built record drawings for the applicable Phase are submitted for review and are <br />approved by the City verifying that the Subdivision Improvements within such Phase <br />have been installed in accordance with the approved Plans. <br />D. Once construction has started, the City will not consider revisions to the Phasing <br />Plan for the purposes of issuing certificates of occupancy. <br />E. 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 <br />occupancy, and withholding of other permits, inspections, or actions and the halting <br />of all work in the Subdivision. <br />F. If the City issues building permits before the acceptance of the Subdivision <br />Improvements by the City, the Developer assumes all liability and costs resulting in <br />delays in completion of the Subdivision Improvements and damage to the <br />Subdivision Improvements caused by the City, the Developer, the Developer’s <br />contractors, subcontractors, materialmen, employees, agents, or any third parties. <br />24. RESPONSIBILITY FOR COSTS. <br />A. In the event that the City receives claims from labor, materialmen, or others <br />alleging that work required by this Agreement has been performed and the <br />amounts due to them have not been paid, and the laborers, materialmen, or others <br />are seeking payment from the City, the Developer hereby authorizes the City to