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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 �Tegetation 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 pro�Tisions of this Agreement. To be binding, amendments or ��aivers 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 Cit�-, 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 propert�- 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 theis subcontractors or by one direcdy 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. T`he 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 ��Uaiver. 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, a�=ailable <br />to City, at law or in equity, or under any other agreement, and each and every right, power and remedy <br />herein set forth or otherwise so e�sting may be e�ercised from time to time as often and in such order <br />as may be deemed expedient by the Cit�� and shall not be a waiver of the right to exercise at any time <br />thereafter any other right, power or remedy. <br />(13) Assignment The Developer may not assign this Agreement without the written permission <br />of the City Council. The Developer's obligation hereunder shall continue in full force and effect even <br />if the Developer sells one or more lots, the entire plat, or any part of it. <br />12 <br />