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<br />216111v1 <br /> 33. MISCELLANEOUS. <br /> A. The Developer represents to the City that the Development complies with all city, <br />county, 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 Development does not comply, <br />the City may, at its option, refuse to allow construction or development work on the Subject Property until <br />the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is <br />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; and that the <br />Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Any <br />transfer of an ownership interest in the Subject Property is an assignment of the rights and obligations <br />herein to the subsequent owner. <br /> C. Third parties shall have no recourse against the City or Developer under this <br />Agreement. <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,