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<br />The Shores of Oneka Lake 5th Addition 13 <br />conditions hereof and to subject the land hereto. Developer also represents and warrants that the use <br />for which this development is sought will not violate any restrictive covenants applying to the <br />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 <br />binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and <br />shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed <br />covenants running with the land. Reference herein to the Developers, if there be more than one, <br />shall mean 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 <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 /> <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 <br />under 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 <br />commitment dated not earlier than thirty (30) days prior to the execution of the Plat. <br /> <br /> <br />IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed <br />on the day and year first above written.