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E. The action or inaction of the City shall not constitute a waiver or amendment to the <br /> provisions of this Contract. To be binding,amendments or waivers shall be in writing, signed by the parties <br /> and approved by written resolution of the City Council. The City's failure to promptly take legal action to <br /> enforce this Contract shall not be a waiver or release. <br /> F. This Contract shall run with the Land and may be recorded against the Land. The <br /> Developer covenants with the City,its successors and assigns,that the Developer is well seized in fee title of <br /> the Land and/or has obtained consents to this Contract, in the form attached hereto, from all parties who <br /> have an interest in the Land; that there are no unrecorded interests in the Land; and that the Developer will <br /> indemnify and hold the City harmless for any breach of the foregoing covenants. <br /> G. Developer shall take out and maintain or cause to be taken out and maintained until <br /> six (6) months after the City has accepted the public improvements, commercial general liability and <br /> property damage insurance covering personal injury,including death,and claims for property damage which <br /> may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly <br /> employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person <br /> and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each <br /> occurrence; or a combination single limit policy of$1,000,000 or more. The City shall be named as an <br /> additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with <br /> the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that <br /> the City must be given ten(10)days advance written notice of the cancellation of the insurance. <br /> H. 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 to the <br /> City, at law or in equity, or under any other agreement, and each and every right,power and remedy herein <br /> set forth or otherwise so existing may be exercised from time to time as often and in such order as may be <br /> deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any <br /> other right,power or remedy. <br /> I. The Developer may not assign this Contract without the written permission of the <br /> City Council. The Developer's obligations hereunder shall continue in full force and effect even if the <br /> Developer sells one or more lots in the Plat,the Land,or any part of it. Upon request,the City shall provide, <br /> in recordable form, a release of any lot in the Plat from this Development Contract if the City determines <br /> that the terms and conditions of this Contract have been satisfied. <br /> J. All streets shall have been graded and paved with at least one lift of bituminous <br /> surface prior to issuance of any building permits. <br /> 180976 6/22/15 mpg 13 <br />