Resolutions-2026-011

D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by both parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or a release. F. Developer may not assign this Agreement or the obligations imposed by this Agreement without the written permission of the City Council or as otherwise provided in this Agreement. G. Developer shall take out and maintain public liability and property damage insurance policies covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. H. Developer shall record the original copy of this agreement, with all requisite signatures and Exhibits. I. In the event Owner/Developer, its assigns or successors in interest, should sell or convey the Site without having constructed the public improvements and facilities as provided in this Agreement or without the City having accepted all public improvements and facilities; or Owner/Developer, its assigns or successors in interest in said OPD, shall fail to construct sidewalks as set forth herein, the City shall have the right to install and construct said improvements, facilities and sidewalks. Unless City is fully reimbursed for these costs from the escrowed money or surety bond held by the City, the costs of said public improvements, facilities and sidewalks shall be a lien and charge against all of the lots adjacent to or in front of the improvements, facilities and sidewalks that are constructed and any lots which may be assessed for public improvements, facilities and sidewalks under the provisions of Chapters 364 and 384 of the Iowa Code. It is further provided that this requirement to construct said public improvements, facilities and sidewalks is and shall remain a lien from the date of execution until properly released as hereinafter provided. Developer acknowledges and agrees that the Site is specifically benefited by the public improvements, facilities and sidewalks, and the cost of such public improvements, facilities and sidewalks need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements and facilities. J. Developer agrees to provide to the City proper maintenance bonds satisfactory to the City, as to insure that for a period of three (3) years from the date of acceptance of any improvement, including utilities which may be City owned, Developer shall be responsible to maintain such improvement in good repair. The City may, at its sole discretion, accept alternative sureties to maintenance bonds to ensure the workmanship of the improvements is accepted by the City. K. To the best of its knowledge, Developer represents and states that the OPD complies with all City, state and federal laws and regulations, including but not limited to subdivision ordinances,