2017-11-08 CC Packet - Laserfiche WebLink

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E. If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the City, Developer, its contractors, subcontractors,materiahnen, employees, agents,or third parties. No sewer and water connection permits may be issued and no one may occupy a model home or building for which a building permit is issued on a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City. F. 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 shall be in writing, signed by the 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 release. G. This Agreement shall run with the land and may be recorded against the title to the Land. The Developer covenants with the City, its successors and assigns,that the Developer is well seized in fee title of the subject property and/or has obtained consents to this Agreement,in the form attached hereto, from all parties who have an interest in the property;that there are no unrecorded interests in the property being developed; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. H. Developer shall take out and maintain or cause to be taken out and maintained until six(6)months after the City has accepted the Public Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or VKG--2017-11-03 Page 15 30