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<br />229446v1 <br />4476897.v2 <br />temporary or permanent basis until the streets needed for access have been paved with a <br />bituminous surface and the utilities are accepted by the City Engineer. <br />G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of <br />this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and <br />approved by written resolution of the City Council. The City's failure to promptly take legal action <br />to enforce this Contract shall not be a waiver or release. <br />H. This Contract shall run with the land and may be recorded against the title to the property. In the <br />event this Contract is recorded, upon request by Developer, the City covenants to provide a <br />recordable Certificate of Completion within a reasonable period of time following the request, upon <br />the completion of the work and responsibilities required herein, payment of all costs and fees <br />required and compliance with all terms of the Contract. A release of this Contract may be provided <br />in the same manner and subject to the same conditions as a Certificate of Completion provided <br />there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The <br />Developer covenants with the City, its successors and assigns, that the Developer is well seized <br />in fee title of the property being final platted and/or has obtained consents to this Contract, in the <br />form attached hereto, from all parties who have an interest in the property; that there are no <br />unrecorded interests in the property being final platted; and that the Developer will indemnify and <br />hold the City harmless for any breach of the foregoing covenants. <br />I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to <br />their insurance professional for verification that the certificate of insurance is in compliance <br />with the requirements of the Development Contract. Prior to execution of the final plat, <br />Developer and its general contractor shall furnish to the City a certificate of insurance showing <br />proof of the required insurance required under this Paragraph. Developer and its general <br />contractor shall take out and maintain or cause to be taken out and maintained until six (6) <br />months after the City has accepted the public improvements, such insurance as shall protect <br />Developer and its general contractor and the City for work covered by the Contract including <br />Page 232 of 309