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A. The Developer represents to the City that the plat complies with all city, county, <br />state, and federal laws and regulations, including but not limited to, subdivision ordinances, zoning <br />ordinances, and environmental regulations. If the City determines that the plat does not comply, the City <br />may, at its option, refuse to allow construction or development work in the plat until the Developer does <br />comply. Upon the City's demand, the Developer shall cease work until there is compliance. <br />B. This Agreement shall run with the land and may be recorded against the title to the <br />Subject Property. The Developer covenants with the City, its successors and assigns, that the Developer is <br />well seized in fee title of the property being final platted and/or has obtained consents to this Agreement, in <br />the form attached hereto, from all parties who have an interest in the Subject Property; that there are no <br />unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the <br />City harmless for any breach of the foregoing covenants. Any transfer of an ownership interest in the <br />Subject Property is an assignment of the rights and obligations herein to the subsequent owner. <br />Agreement. <br />C. Third parties shall have no recourse against the City or Developer under this <br />D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion <br />of this Agreement. <br />E. The action or inaction of the City shall not constitute a waiver or amendment to the <br />provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the <br />parties and approved by written resolution of the City Council. The City's failure to promptly take legal <br />action to enforce this Agreement shall not be a waiver or release. <br />F. Developer will hold the City and its officers, agents, and employees harmless <br />from claims made by third parties, including but not limited to other property owners, tenants, <br />contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting <br />from approval of this Planned Unit Development and the development of the Subject Property unless such <br />187184v1 13 <br />