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<br /> <br /> <br />Development 12 <br />respect to the enforcement of this Agreement. <br /> <br />F. THIS AGREEMENT: <br /> <br /> 1. Release of Agreement. This Agreement shall run with the land and may be <br />recorded against the title to the property. After the Developer has completed the work required of it <br />under the Agreement, at the Developer’s request the City will execute and deliver to the Developer a <br />release. <br /> <br /> 2. Warranty of Title. Developer warrants and represents to the City that it is <br />the fee owner of the land described herein and that it has authority to execute this Development <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 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 /> <br /> 6. Developer will comply with and promptly perform all of its obligations under <br />this agreement. <br />