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2007-07-11 Set Agenda & Handouts
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2007-07-11 Set Agenda & Handouts
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<br />needed for access have been paved with a bituminous surface and the utilities are accepted by the <br />City Engineer. <br />F. The action or inaction of the City shall not constitute a waiver or <br />amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be <br />in writing, signed by the parties and approved by written resolution of the City Council. The . <br />City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or <br />release. <br /> <br />. G. This Agreement shall run with the land and may be recorded against the <br />title to the Land. The Developer covenants with the City, its successors and assigns, that the <br />Developer is well seized in fee title of the subject property and/or has obtained consents to this <br />Agreement, in the form attached hereto, from all parties who have an interest in the property; that <br />there are no unrecorded interests in the property being developed; and that the Developer will <br />indemnify and hold the City harmless for any breach of the foregoing covenants. <br />H. Developer shall take out and maintain or cause to be taken out and <br />maintained until six (6) months after the City has accepted the Developer Improvements, public <br />liability and property damage insurance covering personal injury, including death, and claims for <br />property damage which may arise out of Developer's work or the work of its subcontractors or <br />by one directly or indirectly employed by any of them. Limits for bodily injury and death shall <br />be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property <br />damage shall be not less than $500,000 for each occurrence; or a combination single limit policy <br />of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the <br />Developer shall file with the City a certificate evidencing coverage prior to the City approving <br />this Development Agreement. The certificate shall provide that the City must be given ten (10) <br /> <br />Hanzal Development Agreement v9] .docHll:llWN De'Jelapmeat :'.greemeat ,,98 <br /> <br />16 <br />
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