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shall mean each and all of them. <br />This Agreement shall be placed of record so as to give notice hereof to <br />subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against <br />the escrow account. <br />4. Restrictions on Transfer/Indemnification. Developer agrees to defend <br />and hold the City, and its officials, employees and agents, harmless against any and all claims, <br />demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable <br />attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in <br />connection with the Project. No transfer or assignment of this Agreement shall be made without <br />City approval and any assignment or transfer without such approval shall be void. <br />5. Incorporation by Reference. All general and special conditions, plans, <br />special provisions, proposals, specifications and contracts for the Plat and for any Improvements <br />furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement <br />by reference as if fully set out herein in full. <br />6. Developer will comply with and promptly perform all of its obligations <br />under this Agreement. <br />7. Evidence of Title. Developer shall furnish the City with evidence of fee <br />ownership of the property being platted by way of an attorneys title opinion or title insurance <br />commitment dated not earlier than thirty (30) days prior to the execution of the Plat. <br />IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly <br />executed on the day and year first above written. <br />Adelaide Landing 2nd Addition <br />13 <br />