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to any work being done on the Property. All customary fees associated with any such applications
<br />shall be paid in accordance with City requirements.
<br />3.16. Miscellaneous Provisions.
<br />a. The Developer represents to the City that the development of the Property, the
<br />Subdivision, and the plat will comply with all city, county, state, and federal laws
<br />and regulations including, but not limited to: subdivision ordinances, zoning
<br />ordinances and environmental regulations. If the City determines that the
<br />Subdivision, plat, or the development of the Property does not comply, the City
<br />may, at its option, refuse to allow construction or development work on the Property
<br />until the Developer does comply. Upon the City's demand, the Developer shall
<br />cease work until there is compliance. Upon the City's demand, the Developer shall
<br />correct any and all errors contained in the plat, including but not limited to legal
<br />descriptions, names of parties in interest, depictions, etc., solely at the cost of the
<br />Developer; further, the Developer shall take all necessary actions such that the plat
<br />will be in compliance with existing laws, ordinances, pertinent regulations, standards,
<br />and specifications of the City, solely at the cost of the Developer.
<br />b. Third parties shall have no recourse against the City under this Agreement.
<br />Breach of the terms of this Agreement by the Developer shall be grounds for denial
<br />of building permits on the Property, including for lots sold to third parties.
<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
<br />to the extent of such invalidity, without invalidating the remainder of such provision
<br />or the remaining provisions of this Agreement or any other related document.
<br />If building permits are issued prior to the completion and acceptance of any Public
<br />Improvements, the Developer assumes all risk, liability and costs resulting in delays
<br />in completion of Public Improvements and damage to Public Improvements caused
<br />by the City, the Developer, its contractors, subcontractors, material men,
<br />employees, agents, or third parties.
<br />f. No failure by any party to insist upon the strict performance of any covenant, duty,
<br />agreement, or condition of this Agreement or to exercise any right or remedy
<br />consequent upon a breach thereof, shall constitute a waiver of any such breach of
<br />any other covenant, agreement, term, or condition, nor does it imply that such
<br />covenant, agreement, term, or condition may be waived again. The action or
<br />inaction of the City shall not constitute a waiver or amendment to the provisions of
<br />this Agreement. To be binding, amendments or waivers shall be in writing and
<br />signed by the parties. The City's failure to promptly take legal action to enforce
<br />this Agreement shall not be a waiver or release.
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