08 Plat approval, variance, easement acceptance and subdivision improvements

Home Browse Search

state workers compensation coverage to cover the Indemnity Clause contained herein. Appropriate Certificates of Insurance evidencing that all contractors and subcontractors working on the Public Improvements have appropriate insurance coverage shall be filed with the City Engineer prior to commencing work on the Public Improvements. ARTICLE VII. MISCELLANEOUS 7.01. Assignment This Agreement may not be assigned without the express written consent of the City. However, the City shall consent to such an assignment if all of the following conditions are satisfied: (a) Developer is not in default; (b) The assignment is to a new owner and developer of the Property; (c) Developer provides the City with written evidence satisfactory to the City Attorney or his/her designee that the new owner is the record owner of the Property; (d) Developer executes a proper assignment of this Subdivision Improvements Agreement in form and substance acceptable to the City Attorney. Under the Assignment, the new owner shall assume and agree to perform all obligations of the Developer under this agreement; and (e) The new owner delivers to the City the financial security required by this Agreement. The City Manager, shall be authorized to approve any such assignment on behalf of the City. 7.02. Entire Agreement This Agreement contains the entire agreement between the City and the Developer, and cannot be varied except by written agreement executed by the parties hereto. 7.03. Time is of the Essence Time is of the essence in this Agreement. 7.04. Notice Any notice to be given or to be served upon a party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail and shall SUBDIVISION IMPROVEMENT AGREEMENT PAG E 9 4,-A5 C)