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<br />(04) Regulatory Compliance. The Developer represents to the City that the Subdivision complies
<br />with all city, county, metropolitan, state, and federal laws and regulations, including but not limited
<br />to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines
<br />that the plat does not comply, the City may, at its option, refuse to allow construction or
<br />Developer shall cease work until there is compliance.
<br />(05) Third Parties. Third parties shall have no recourse against the City under this Agreement.
<br />(06) Breach. Breach of the terms of this Agreement by the Developer shall be grounds for denial
<br />of building permits, including lots sold to third parties.
<br />(07) Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
<br />this Agreement is for any reason held invalid, such decision shall not affect the validity of the
<br />remaining portion of this Agreement.
<br />(08) Damage to Improvements. If building permits are issued prior to the acceptance of
<br />Improvements, the Developer assumes all liability and costs resulting in delays in completion of
<br />public Improvements and damage to Improvements caused by the City, Developer, its contractors,
<br />subcontractors, material men, employees, agents, or third parties. No sewer and water connections
<br />or inspections may be conducted and no one may occupy a building for which a building permit is
<br />issued on either a temporary or permanent basis until the streets needed for access have been paved
<br />with a bituminous surface, the utilities are completed, and the vegetation is established and accepted
<br />by the City Engineer.
<br />(09) Amendments. The action or inaction of the City shall not constitute a waiver or amendment
<br />to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
<br />promptly take legal action to enforce this Agreement shall not be a waiver or release.
<br />(10) Binding Contract. This Agreement shall run with the land and may be recorded against the
<br />title to the property. The Developer covenants with the City, its successors and assigns, that the
<br />Developer is well seized in fee title of the property being final platted and/or has obtained consents
<br />to this Agreement, in the form attached hereto, from all parties who have an interest in the property;
<br />that there are no unrecorded interests in the property being final platted; and that the Developer will
<br />indemnify and hold the City harmless for any breach of the foregoing covenants.
<br />(11) Insurance. The Developer and contractor shall acquire public liability and property damage
<br />insurance covering personal injury, including death, and claims for property damage which may arise
<br />work of their subcontractors or by one directly or indirectly
<br />employed by any of them. The insurance must be maintained until six (6) months after the City has
<br />accepted the Improvements. Limits for bodily injury and death shall be not less than $500,000 for
<br />one person and $1,000,000 for each occurrence; limits for property damage shall be not less than
<br />$200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City
<br />shall be named as an additional insured on the policy on a primary and noncontributory basis, and
<br />the Developer and contractor shall file with the City a certificate evidencing coverage prior to the
<br />City signing the plat. The certificate shall provide that the City must be given ten (10) days advance
<br />written notice of the cancellation of the insurance.
<br />(12) No Waiver. Each right, power or remedy herein conferred upon the City is cumulative and
<br />in 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, power
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