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<br />3.13. Occupancy Permits. The City will not issue occupancy permits for this project until: <br /> <br />A. The Developer or contractor has completed the site grading and it is approved by the <br />City. <br /> <br />B. All public utilities are tested, approved by the City, and in service. <br /> <br />C. The Developer has paid in full all building permit fees. <br /> <br />D. The Developer has installed all required landscaping. <br /> <br />The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, <br />incurred by the City, in the construction of public improvements, caused by the Developer, its <br />employees, contractors, subcontractors, materialmen or agents. The City shall not issue occupancy <br />permits until the utilities are in and approved by the City, unless otherwise authorized in writing by <br />the City. <br /> <br />3.14. Miscellaneous Provisions. <br /> <br />A. The Developer represents to the City that the development of the Property, the <br />subdivision and the plat comply with all city, county, metropolitan, state and federal <br />laws and regulations including, but not limited to: subdivision ordinances, zoning <br />ordinances and environmental regulations. If the City determines that the subdivision <br />or the plat or the development of the Property does not comply, the City may, at its <br />option, refuse to allow construction or development work on the Property until the <br />Developer does comply. Upon the City’s demand, the Developer shall cease work <br />until there is compliance. <br /> <br />B. Third parties shall have no recourse against the City under this Agreement. <br /> <br />C. Breach of the terms of this Agreement by the Developer shall be grounds for denial <br />of building permits. <br /> <br />D. Wherever possible, each provision of this Agreement and each related document shall <br />be interpreted so that it is valid under applicable law. If any provision of this <br />Agreement or any related document is to any extent found invalid by a court or other <br />governmental entity of competent jurisdiction, that provision shall be ineffective only to <br />the extent of such invalidity, without invalidating the remainder of such provision or <br />the remaining provisions of this Agreement or any other related document. <br /> <br />E. If building permits are issued prior to the completion and acceptance of public <br />improvements, the Developer assumes all liability and costs resulting in delays in <br />completion of public improvements and damage to public improvements caused by <br />the City, Developer, its contractors, subcontractors, materialmen, employees, agents <br />or third parties. <br /> <br /> <br /> <br />14 <br />