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<br />02-17-06 <br /> <br />streets needed for access have been paved with a bituminous surface and the utilities are <br /> <br />accepted by the City. <br />F. The action or inaction of the City shall not constitute a waiver or <br /> <br />amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be <br /> <br />in writing, signed by the parties and approved by written resolution of the City Council. The <br /> <br />City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or <br /> <br />release. <br /> <br />G. This Agreement shall run with the land and may be recorded against the <br /> <br />title to the Land. The Developer covenants with the City, its successors and assigns, that the <br /> <br />Developer is well seized in fee title of the subject property and/or has obtained consents to this <br /> <br />Agreement, in the form attached hereto, from all parties who have an interest in the property; that <br /> <br />there are no unrecorded interests in the property being developed; and that the Developer will <br /> <br /> <br />indemnifY and hold the City harmless for any breach of the foregoing covenants. <br /> <br /> <br />H. Developer shall take out and maintain or cause to be taken out and <br /> <br /> <br />maintained until the City has in writing, accepted the Public Improvements, public liability and <br /> <br />property damage insurance covering personal injury, including death, and claims for property <br /> <br />damage which may arise out of Developer's work or the work of its subcontractors or by one <br /> <br /> <br />directly or indirectly employed by any of them. Limits for bodily injury and death shall be not <br /> <br /> <br />less than $500,000 for one person and $1,000,000 for each occurrence; limits for property <br /> <br /> <br />damage shall be not less than $200,000.00 for each occurrence; or a combination single limit <br /> <br /> <br />policy of $1 ,000,000 or more. The City shall be named as an additional insured on the policy, <br /> <br /> <br />and the Developer shall file with the City a certificate evidencing coverage prior to the City <br /> <br /> <br />approving this Development Agreement. The certificate shall provide that the City must be <br /> <br />Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V 14.doc <br /> <br />Page 16 <br /> <br />~" <br />