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2 <br />LA515\129\1062131.v2 <br />meeting for the Subdivision. Once the construction has started, the City will not consider <br />revisions to the phasing plan for the purpose of issuing building permits. <br />B.Before the City issues any building permits, the Developer shall install wetland buffer <br />monuments in accordance with the City’s zoning ordinance. The monument design shall <br />be approved by the City Planning Department. <br />C.Breach of the terms of this Agreement by the Developer, including nonpayment of billings <br />from the City, shall be grounds for denial of building permits, certificates of occupancy, <br />and withholding of other permits, inspection or actions and the halting of all work in the <br />Subdivision. <br />D.If the City issues building permits before the acceptance of the public Subdivision <br />Improvements by the City, the Developer assumes all liability and costs resulting in delays <br />in completion of public Subdivision Improvements and damage to public Subdivision <br />Improvements caused by the City, the Developer, the Developer’s contractors, <br />subcontractors, materialmen, employees, agents, or any third parties. <br />E.If the City issues building permits before the construction of sidewalks or trails that are <br />located in the front yards of lots within the Subdivision, the Developer assumes <br />responsibility for the coordination, liability and costs related to the construction of the <br />sidewalks and trails. The Developer must ensure that the sidewalks and trails that are <br />located in the front yards of lots are constructed, inspected, and accepted by the City before <br />any driveways for these lots are constructed. The Developer must also construct the <br />sidewalks and trails in such a manner so that they are constructed continuously from end <br />of street to end of street without any exceptions or gaps in the sidewalk or trail. The <br />Developer must ensure that there is a stop work order on all building construction on any <br />of the impacted lots to protect sidewalks and trails from use and damage during material <br />curing periods. All boulevard grading and restoration re-work must be completed by the <br />Developer immediately following the sidewalk or trail construction. In the event that the <br />Developer does not adhere to the requirements in this paragraph, the Developer must <br />immediately complete corrective work to the sidewalks, trails, and boulevard areas in the <br />manner identified by the City at the Developer’s expense. All sidewalk and trail <br />corrections must be made by contractors under the direction of the Developer in accordance <br />with the approved plans and specifications for the Subdivision. All corrective work must <br />be inspected and approved by the City. The Developer agrees that the failure by the <br />Developer to immediately address corrections identified by the City may result in the City <br />immediately placing a stop work order on all construction activity within the Subdivision <br />until the corrections are made to the satisfaction of the City. <br />F.No sewer and water connection permits may be issued until the streets needed for access <br />have been paved with a bituminous surface and the utilities are tested and approved by the <br />City Engineer. <br />2.Amendment Controls; Ratification and Affirmation. In the event that the terms of <br />this Amendment and the Agreement are held to be inconsistent, the terms of this Amendment shall <br />control. The parties each agree and warrant that, in all other respects, the Agreement is