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2019-05-22 CC Packet
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2019-05-22 CC Packet
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H. Each right, power or remedy herein conferred upon the City is cumulative and in <br /> addition to every other right, power or remedy, express or implied, now or hereafter arising, <br /> available to City, at law or in equity, or under any other agreement, and each and every right, <br /> power and remedy herein set forth or otherwise so existing may be exercised from time to time <br /> as often and in such order as may be deemed expedient by the City and shall not be a waiver of <br /> the right to exercise at any time thereafter any other right,power or remedy. <br /> L The Developer may not assign this Agreement without the written permission of <br /> the City Council. The Developer's obligation hereunder shall continue in full force and effect <br /> even if the Developer sells one or more lots, the entire Plat, or any part of it. <br /> J. The Developer shall hold the City and its officers, employees, and agents <br /> harmless from claims or audits made by it and third parties for damages sustained or costs <br /> incurred resulting from Plat development. The Developer shall indemnify the City and its <br /> officers, employees, and agents for all costs, damages, or expenses that the City may pay or incur <br /> in consequence of such claims or audits, including attorneys' fees. <br /> K. Assumption Of The Risk. Developer accepts and understands that proceeding <br /> with construction before Final Plat approval could create risks that the Plans, through no fault of <br /> the Developer or City, could change at or before Final Plat approval. If the Development Plans <br /> were to change in a manner that result in extra work or cost to Developer, the Developer accepts <br /> that risk and assumes the liabilities associated with the risk of proceeding with work prior to <br /> Final Plat approval. <br /> L. No work, except grading as authorized under a separate grading permit, issued by <br /> the City, shall take place prior to Final Plat recording. <br /> VERSION FOR COUNCIL 05/22/2019 Page 19 <br />
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