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<br />17 <br />188068v5 <br />the same within a reasonable period of time after receipt of the City’s written notice regarding such default, <br />perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, <br />provided the Developer, except in an emergency as determined by the City, is first given notice of the work <br />in default, not less than forty-eight (48) hours in advance. This Agreement is a license for the City to act, <br />and it shall not be necessary for the City to seek a Court order for permission to enter the land to act on its <br />rights under this Section 18. When the City does any such work pursuant to this Seciton 18, the City may, in <br />addition to its other remedies, assess the cost in whole or in part. <br /> 19. MISCELLANEOUS. <br /> A. The Developer shall comply with all applicable city, county, state, and federal laws and <br />regulations, including but not limited to, subdivision ordinances, zoning ordinances, and environmental <br />regulations, except to the extent the approvals of the Development included vairances from ordinances, <br />codes or other requirements necessary to complete the improvements contemplated by the Devleopment. <br />B. This Agreement shall run with the land and may be recorded against the title to the Subject <br />Property. The Developer represents to the City that the Developer owns the Subject Property and/or has <br />obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the <br />Subject Property; that, to the Developer’s knowledge, there are no unrecorded interests in the Subject <br />Property; and that Developer will indemnify and hold the City harmless for any breach of the foregoing. <br /> C. Third parties shall have no recourse against the City or the Developer under this <br />Agreement. <br /> D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement <br />is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this <br />Agreement. <br /> E. Any action or inaction shall not constitute a waiver or amendment to the provisions of this <br />Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved