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2020-04-08 CC WS & Council Packet
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2020-04-08 CC WS & Council Packet
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19. MISCELLANEOUS. <br />A. Third parties shall have no recourse against the City under this Supplement. <br /> B. Breach of the terms of this Supplement by the Developer shall be grounds for <br />denial of building permits, until such breach is cured. <br /> C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Supplement is for any reason held invalid, such decision shall not affect the validity of the <br />remaining portion of this Supplement. <br /> D. The action or inaction of the City shall not constitute a waiver or amendment to <br />the provisions of this Supplement. To be binding, amendments or waivers shall be in writing, <br />signed by the parties and approved by written resolution of the City <br />to promptly take legal action to enforce the Agreement or this Supplement shall not be a waiver <br />or release. <br /> F. The Agreement and this Supplement shall run with the land and may be recorded <br />against the title to the Land as shown on the Plat for the Old Mill Estates. The Developer <br />covenants with the City, its successors and assigns, that the Developer is well seized in fee title <br />of the subject property and/or has obtained consents to the Agreement and this Supplement, in <br />the form attached hereto, from all parties who have an interest in the property; that there are no <br />unrecorded interests in the property being developed; and that the Developer will indemnify and <br />hold the City harmless for any breach of the foregoing covenants. <br /> G. Developer shall take out and maintain or cause to be taken out and maintained <br />until six (6) months after the City has accepted the Public Improvements, public liability and <br />property damage insurance covering personal injury, including death, and claims for property <br />Version 3/30/3030 - 1 Page 13 <br /> <br />
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