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11-23-2020-R
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11-23-2020-R
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<br />9 <br />211828v2 <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 <br />ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does <br />not comply, the City may, at its option, refuse to allow construction or development work in the plat <br />until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is <br />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 <br />of building permits, including lots sold to third parties. <br /> D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion <br />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 <br />damage to public improvements caused by the City, Developer, its contractors, subcontractors, material <br />men, employees, agents, or third parties. No sewer and water connection permits may be issued and no <br />one may occupy a building for which a building permit is issued on either a temporary or permanent <br />basis until the utilities are accepted by the City. <br /> G. The action or inaction of the City shall not constitute a waiver or amendment to <br />the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the <br />parties and approved by written resolution of the City Council. The City's failure to promptly take legal <br />action to enforce this 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 <br />property. The Developer covenants with the City, its successors and assigns, that the Developer is well <br />seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the <br />form attached hereto, from all parties who have an interest in the property; that there are no unrecorded <br />interests in the property being final platted; and that the Developer will indemnify and hold the City <br />harmless for any breach of the foregoing covenants. <br /> I. Developer shall take out and maintain or cause to be taken out and maintained <br />until six (6) months after the City has issued the last certificate of occupancy for the development, <br />commercial general liability and property damage insurance covering personal injury, including death, <br />and claims for property damage which may arise out of Developer's work or the work of its <br />subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and
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