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<br /> <br />Meadows at Hugo 2nd Addition 12 <br />the City to enforce the terms of this Agreement against the Developer, by action for specific <br />performance or damages, or both, or by any other legally authorized means. The Developer also <br />acknowledges that its failure to perform any or all of their obligations under this Agreement may <br />result in substantial damages to the City; that in the event of default by the Developer, the City may <br />commence legal action to recover all damages, losses and expenses sustained by the City; and that <br />such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with <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 this Agreement, at the Developer’s request the City will execute and deliver to the Developer <br />a 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, except for Outlot A thereof, and that it has authority to <br />execute this Agreement, agree to the conditions hereof and to subject the land (excluding Outlot A, <br />as shown on the Plat) hereto. Developer also represents and warrants that the use for which this <br />development is sought will not violate any restrictive covenants applying to the property being platted <br />into residential Lots pursuant to the Plat. <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. Developer agrees 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 Developer, their employees and agents, in connection with the <br />Project. No transfer or assignment of this Agreement shall be made without City approval and any <br />assignment or 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