J-1 - Resolution 2022-038 - Authorizing Developer's Agreement for Prairie Village Part 3

Notices mailed in conformance with this section shall be deemed properly given. SECTION 14. PHASED DEVELOPMENT. It is anticipated that the development will be done in two or more separate phases and the Developer will request a final plat for each phase as the improvements are installed and accepted by the City. The City may refuse to approve final plats of subsequent phases if the Developer has breached this Agreement and the breach has not been remedied. SECTION 153. MISCELLANEOUS A. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, occupancy permits or other permits. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by both parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or a release. E. The Developer's obligations under this Agreement shall continue in full force and effect even if the Developer sells a portion of the Development. F. No building permits will be issued until all public improvements have been constructed in accordance with applicable standards and formally accepted by the City. No occupancy permits will be issued until all public improvements have been constructed in accordance with applicable standards and formally accepted by the City. G. The Developer shall take out and maintain a public liability and property damage insurance policy covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. H. All uses within the Development must be consistent with the previously adopted zoning. I. The Developer shall record the original copy of this agreement, with all requisite signatures.