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12 <br /> <br /> <br /> <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 and that it has authority to execute this Agreement, with <br />consent from the other fee owner, and agree to the conditions hereof and to subject the land hereto. <br />Developer also represents and warrants that the use for which this development is sought will not <br />violate any restrictive covenants applying to the property. <br /> <br /> 3. Binding Effect. This Agreement shall be deemed to be a restrictive <br />covenant and the terms and conditions hereof shall run with the land described herein and be binding <br />on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be <br />binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants <br />running with the land. Reference herein to the Developers, if there be more than one, shall mean <br />each and all 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 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 /> <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