Resolutions-2017-044

SECTION 7. MISCELLANEOUS A. The Developer represents and states that the plat complies with all City, state and federal laws and regulations, including but not limited to subdivision ordinances, zoning ordinances and environmental regulations. The City may, at its option, refuse to allow construction or development work in the subdivision until the Developer complies with the appropriate law or regulation. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City or Developer under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, occupancy permits or other permits. D. 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. E. 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. F. The Developer may not assign this Agreement or the obligations imposed by this Agreement without the written permission of the City Council or as otherwise provided in this Agreement, provided however, upon delivery to the City of a fully executed, recordable Assignment and Assumption Agreement, in the same form that is attached as Exhibit “C”, by and between Developer and Dumont Investments LLC assigning this Developer’s Agreement and providing for the assumption of the Developer’s obligations hereunder the Developer may proceed to record the Assignment and Assumption Agreement. G. The Developer's obligations under this Agreement shall continue in full force and effect even if the Developer sells a portion of a subdivision, the entire platted area, or any part thereof. H. 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. I. The Developer shall take out and maintain public liability and property damage insurance policies 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.