|
(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 to:
<br />subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that
<br />the plat does not comply, the City may, at its option, refuse to allow construction or development work
<br />in the Subdivision until the Developer does comply. Upon the City’s demand, the Developer shall
<br />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 this
<br />Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining
<br />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 public
<br />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 or
<br />inspections may be conducted and no one may occupy a building for which a building permit is issued
<br />on either a temporary or permanent basis until the streets needed for access have been paved with a
<br />bituminous surface, the utilities are completed, and the vegetation is established and accepted by the
<br />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, signed
<br />by the parties and approved by written resolution of the City Council. The City’s failure to promptly
<br />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 to
<br />this 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 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 />out of the Developer’s work or the 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 one
<br />person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000
<br />for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be
<br />named as an additional insured on the policy on a primary and noncontributory basis, and the
<br />Developer and contractor shall file with the City a certificate evidencing coverage prior to the City
<br />signing the plat. The certificate shall provide that the City must be given ten (10) days advance written
<br />notice of the cancellation of the insurance.
<br />(12)No Waiver. 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, available
<br />to City, at law or in equity, or under any other agreement, and each and every right, power and remedy
<br />12
<br />
|