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<br /> <br /> <br />Apple Academy 11 <br />Agreement and agree to the conditions hereof and to subject the land hereto. Developer also <br />represents and warrants that the use for which this development is sought will not violate any <br />restrictive covenants applying to the property. <br /> <br /> 3. Binding Effect. This Agreement shall be deemed to be a restrictive covenant <br />and the terms and conditions hereof shall run with the land described herein and be binding on and <br />inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding <br />upon all future owners of all or any part of the subdivision, and shall be deemed covenants running <br />with the land. Reference herein to the Developers, if there be more than one, shall mean each and all <br />of them. <br /> <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 /> <br /> 4. Restrictions on Transfer/Indemnification. Developers agree to defend and <br />hold the City, and its officials, employees and agents, harmless against any and all claims, demands, <br />lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, <br />arising out of actions or omissions by Developers, their employees and agents, in connection with the <br />Project. No transfer or assignment shall be made without City approval and any assignment or <br />transfer without such approval shall be void. <br /> <br /> 5. Incorporation by Reference. All general and special conditions, plans, <br />special provisions, proposals, specifications and contracts for the site plan 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 /> <br /> 6. Developer will comply with and promptly perform all of its obligations under <br />this agreement. <br /> <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 policy <br />dated not earlier than 30 days prior to the execution of the site plan. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />