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Subdivider agrees to and has <br />necessary maintenance agreements, <br />for the ownership and maintenance <br />e roads, private sewer and water <br />rainage ponds, and any of the <br />by the City for public ownership <br />among other things, repair, replace- <br />* <br />weed control, clean-up of trash <br />age ways, silt removal from <br />roads. If a reasonable maintenance <br />ociation, the City shall have the <br />ate to protect the health, safety <br />aid home owners association and/or <br />d therefor. Such corrective <br />iprovement. <br />r agrees to all other provisions <br />led hereto. <br />The City may not grant building <br />ilopment of residential structures <br />I in Exhibit F hereto have been <br />ler agrees to be bound by the <br />;y Council approving the Final <br />I provisions hereof shall be binding <br />‘sentatives, successors and assigns <br />ill future owners of all or any <br />lants running with the land. <br />i than one, shall mean each and all <br />F to be executed by the Subdivider, <br />at the option of the City shall be placed of record so as to give notice hereof <br />to subsequent purchasers and encumbrancers of all or any part of the subdivision <br />and all recording fees, if any, shall be paid by the Subdivider. <br />14) Whenever in this agreement it shall be required or permitted that <br />notice or demand be given or served by either party to this agreement to or on the <br />other party, such notice or demand shall be delivered personally or mailed by <br />United States certified mail (return receipt requested) to the addresses set forth <br />on Exhibit D. Such notice or demand shall be deemed timely given when delivered <br />personally or when deposited in the mail in accordance with the above. <br />15) Release of Security. Upon performance by the Subdivider of <br />the terms of this agreement, excluding the expiration of any guaranty or warranty <br />period herein and the performance by Subdivider of Subdivider's obligations herein <br />with respect to any such guaranty or warranty, the City will release to the Sub­ <br />divider cash deposited in escrow in accordance with this agreement or, in case a <br />performance bond shall have been filed in accordance with this agreement, will give, <br />upon the request of the Subdivider, evidence satisfactory to the Subdivider of his <br />performance of this agreement in accordance with its terms. <br />16) Incorporation by Reference. All plans, special provisions, pro­ <br />posals, specifications and contracts for the Improvements furnished and let <br />pursuant to this agreement shall be and hereby are made a part of this agreement <br />by reference as fully as if set out herein in full. <br />17) Release to be Filed in the Chain of Title. Upon performance by <br />the Subdivider of the terms of this agreement, excluding the expiration of any <br />guaranty or warranty period, the City will at Subdivider's request, provide to <br />the Subdivider for filing a resolution satisfactory to the Subdivider of his <br />performance of this agreement in accordance with its terms. <br />17) a) Disclaimer by City. It is understood and agreed that the <br />City, the City Council, and the agents and employees of the <br />City shall not be personally liable or responsible in any <br />manner to Subdivider, or Subdivider's contractors, subcontractors. <br />.ynn L. tharlson. Subdivider Lynn L. Chari son. Subdivider <br />Signature of City Clerk Signature of City Clerk