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05-04-15-R
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05-04-15-R
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permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, <br />assess the cost in whole or in part. <br /> <br /> 26. MISCELLANEOUS. <br /> A. The Developer represents to the City that the plat complies with all city, county, <br />metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning <br />ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its <br />option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the <br />City's demand, the Developer shall cease work until there is compliance. <br /> B. Third parties shall have no recourse against the City under this Contract. <br /> C. Breach of the terms of this Contract by the Developer shall be grounds for denial of <br />building permits, including lots sold to third parties. <br /> D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract <br />is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. <br /> F. If building permits are issued prior to the acceptance of public improvements, the <br />Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to <br />public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, <br />agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building <br />for which a building permit is issued on either a temporary or permanent basis until the utilities are accepted by the <br />City. <br /> G. The action or inaction of the City shall not constitute a waiver or amendment to the <br />provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and <br />approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this <br />Contract shall not be a waiver or release. <br /> H. This Contract shall run with the land and may be recorded against the title to the property. <br />The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of <br />the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all <br />parties who have an interest in the property; that there are no unrecorded interests in the property being final <br />platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing <br />covenants. <br /> I. Developer shall take out and maintain or cause to be taken out and maintained until six <br />(6) months after the City has issued the last certificate of occupancy for the development, commercial general <br />liability and property damage insurance covering personal injury, including death, and claims for property damage <br />which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly <br />employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and <br /> <br />10 <br />181229v1
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