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Drywall Supply Addition <br />Development Contract <br />obtained by the Developer is subject to City approval. In the event that the City is held liable to <br />a third party by a court of competent jurisdiction for damages and the insurance obtained by <br />Developer for any reason fails to cover the City, the Developer shall be liable under this Contract <br />for any and all costs incurred or damages claimed against the City. <br />3. This Development Contract cannot be assigned or transferred. <br />4. Any breach of the terms of this Agreement by the Developer shall be grounds for <br />denial of the issuance of any building permit. <br />5. There is no intent to benefit any third parties and third parties shall have no recourse <br />against the City under this Contract. <br />6. The Developer shall reimburse the City for all costs incurred by the City in defense <br />or enforcement of this Contract, or any portion thereof, including court costs and reasonable <br />engineering and attorneys' fees. <br />7. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision <br />shall not affect or void any of the other provisions of the Development Contract. <br />8. It is agreed that the City has the right, privilege and authority as a condition <br />precedent to the approval of the plans and specifications and approval of Final Plat, to prescribe <br />design requirements for any Improvements within the Plat. <br />Recording <br />9. The Developer shall record the Plat with Ramsey County. <br />10. The Developer shall record the Development Contract with Ramsey County <br />simultaneous with the recording of the Plat and shall forward confirmation of the recording of <br />the document to the City. In the event that technical or clerical revisions are needed in the <br />document or if for any reason the County Recorder deems the Development Contract <br />unrecordable, the Developer shall cooperate with the City in the execution or amendment of any <br />revised Development Contract. <br />_3_ <br />-3- <br />