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<br />SYSCO Amendment <br />Page 10 <br /> <br />3.16. Permits. No final inspection approval of the permits shall be issued until: <br /> <br />A. The site grading is completed and approved by the City. <br /> <br />B. All public utilities are tested, approved by the City, and in service. <br /> <br />C. All curbing is installed and backfilled. <br /> <br />D. The first lift of bituminous is in place and approved by the City. <br /> <br />E. All building permit fees are paid in full. <br /> <br />The Developer, in executing this Agreement First Amendment, assumes all liability and <br />costs for damage or delays, incurred by the City, in the construction of public improvements, <br />caused by the Developer, its employees, contractors, subcontractors, materialmen or agents. <br />No occupancy permits shall be issued until the public streets and utilities are in and approved <br />by the City, unless otherwise authorized in writing by the City. <br /> <br />3.17. Miscellaneous Provisions. <br /> <br />A. The Developer represents to the City that the development of the Property, <br />the subdivision and the plat comply with all city, county, metropolitan, state and federal laws <br />and regulations including, but not limited to: subdivision ordinances, zoning ordinances and <br />environmental regulations. If the City determines that the subdivision or the plat or the <br />development of the Property does not comply, the City may, at its option, refuse to allow <br />construction or development work on the Property until the Developer does comply. Upon <br />the City’s demand, the Developer shall cease work 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 <br />denial of building permits, including lots sold to third parties. <br /> <br />D. Wherever possible, each provision of this Agreement and each related <br />document shall 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 the <br />extent of such invalidity, without invalidating the remainder of such provision or the remaining <br />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 the <br />City, Developer, its contractors, subcontractors, materialmen, employees, agents or third <br />parties.