2021-10-13 CC Packet - Laserfiche WebLink

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D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 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 Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a unit or building for which a building permit is issued on a temporary or permanent basis until the streets needed for access are in a plowable and maintainable state and the utilities are accepted by the City. The building official, in consultation with public safety officials and the city engineer will make this determination. 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 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 as shown on the Final Plat. 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 Land; that there are no unrecorded interests in the Land being developed except for those known purchase agreements for Lot 1, Block 1 and Lot 2, Block 2; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Version 10/11/2021 Page 18