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02-08-21-R
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02-08-21-R
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<br /> 14 <br />212751v1 <br />for the City to seek a Court order for permission to enter the land. When the City does any such work, the <br />City may, in addition to its other remedies, assess the cost in whole or in part. <br /> 33. MISCELLANEOUS. <br /> A. The Developer represents to the City that the plat complies with all city, county, <br />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 <br />may, at its option, refuse to allow construction or development work in the plat until the Developer does <br />comply. Upon the City’s demand, the Developer shall cease work until there is compliance. <br /> B. This Agreement shall run with the land and may be recorded against the title to <br />the Subject Property. The Developer covenants with the City, its successors and assigns, that the <br />Developer is well seized in fee title of the property being final platted and/or has obtained consents to this <br />Agreement, in the form attached hereto, from all parties who have an interest in the Subject Property; that <br />there are no unrecorded interests in the property being final platted; and that the Developer will indemnify <br />and hold the City harmless for any breach of the foregoing covenants. Any transfer of an ownership <br />interest in the Subject Property is an assignment of the rights and obligations herein to the subsequent <br />owner. <br /> C. Third parties shall have no recourse against the City or Developer under this <br />Agreement. <br /> D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining <br />portion of this Agreement. <br /> E. The action or inaction of the City shall not constitute a waiver or amendment to <br />the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by <br />the parties and approved by written resolution of the City Council. The City's failure to promptly take <br />legal action to enforce this Agreement shall not be a waiver or release.
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