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<br />2021-07-12 Final Version 18 <br />codes. Subject to the previous sentence, upon the City’s demand and a showing that the <br />Development is not in compliance with applicable law, the Developer shall cease work until <br />there is compliance. <br /> B. This Agreement shall run with the land and may be recorded against the <br />title to the Subject Property. The Developer covenants with the City, its successors and assigns, <br />that the Developer is well seized in fee title of the property being final platted and/or has <br />obtained consents to this Agreement, in the form attached hereto, from all parties who have an <br />interest in the Subject Property; that there are no unrecorded interests in the property being final <br />platted; and that the Developer will indemnify and hold the City harmless for any breach of the <br />foregoing covenants. Any transfer of an ownership interest in the Subject Property is an <br />assignment of the rights and obligations herein to the subsequent owner, and upon such transfer <br />the originally-named Developer shall be released from all obligations hereunder. <br /> C. Third parties shall have no recourse against the City or Developer under <br />this Agreement. <br /> D. If any portion, section, subsection, sentence, clause, paragraph, or phrase <br />of this Agreement is for any reason held invalid, such decision shall not affect the validity of the <br />remaining portion of this Agreement. <br /> E. The action or inaction of either party shall not constitute a waiver or <br />amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be <br />in writing, signed by the parties and approved by written resolution of the City Council. Either <br />party’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or <br />release.