Laserfiche WebLink
<br />16 <br />LA515\147\1015204.v1 <br />LA515\147\1015204.v1 <br />on the commercial general liability insurance policy, and the Developer shall file with <br />the City a certificate of insurance evidencing coverage prior to the City signing the <br />plat. The certificate shall provide that the City must be given thirty (30) days’ <br />advance written notice of the cancellation of the insurance. <br />F. Third parties shall have no recourse against the City under this Agreement. <br />G. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Agreement is for any reason held invalid, such decision shall not affect the validity <br />of the remaining portion of this Agreement. <br />H. The action or inaction of the City shall not constitute a waiver or amendment to the <br />provisions of this Agreement. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution of the City Council. <br />The City's failure to promptly take legal action to enforce this Agreement shall not be <br />a waiver or release. <br />I. This Agreement shall run with the land and will be recorded against the title to the <br />Property at the Developer’s expense. The Developer covenants with the City, its <br />successors and assigns, that the Developer has fee title to the Property being final <br />platted and has obtained consents to this Agreement, in the form attached hereto, <br />from all parties who have an interest in the Property, including, but not limited to, the <br />fee owner and the mortgagees; that there are no unrecorded interests in the Property <br />being final platted; 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 <br />addition to every other right, power or remedy, express or implied, now or hereafter <br />arising, available to City, at law or in equity, or under any other agreement, and each <br />and every right, power and remedy herein set forth or otherwise so existing may be <br />exercised from time to time as often and in such order as may be deemed expedient