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05-23-2022 Council Packet
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05-23-2022 Council Packet
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<br />14 <br /> <br />220299v4A <br /> I. This Contract shall run with the Land and may be recorded against the Land. The Developer <br />covenants with the City, its successors and assigns, that the Developer is well-seized in fee title of the Land and/or <br />has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the Land; <br />that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless <br />for any breach of the foregoing covenants. <br /> J. Each right, power, or remedy herein conferred upon the City is cumulative and in addition <br />to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or <br />in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise <br />so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City <br />and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. <br /> K. The Developer may not assign this Contract without the written permission of the City <br />Council. The Developer’s obligations hereunder shall continue in full force and effect even if the Developer sells <br />one or more lots in the Plat, the Land, or any part of it. Upon request, the City shall provide, in recordable form, a <br />release of any lot in the Plat from this Development Contract if the City determines that the terms and conditions of <br />this Contract have been satisfied. <br /> L. Developer shall be responsible for all snow removal from vacant lots to the extent that City <br />Ordinance requires snow removal. Developer shall be responsible for ensuring that all vacant lots comply with <br />the City’s Code regarding nuisances. <br /> M. Private agreements between the owners of lots within the Development for shared service <br />or access and related matters necessary for the efficient use of the Development shall be the responsibility of the <br />lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the <br />Development. <br /> N. The JEN Trust and the SEN Trust shall be jointly and severally liable as to all obligations
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