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the City to act, and it shall not be necessary for the City to seek a Court order for permission to <br />enter the land. When the City does any such work, the City may, in addition to its other remedies, <br />assess the cost in whole or in part. <br />22. MISCELLANEOUS. <br />A. This Agreement shall run with the land and may be recorded against the title to <br />the Subject Property. The Developer covenants with the City, its successors and assigns, that the <br />Developer is well seized in fee title of the property being developed and/or has obtained consents <br />to this Agreement, in the form attached hereto, from all parties who have an interest in the <br />Subject Property; that there are no unrecorded interests in the Subject Property; and that the <br />Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. <br />Any transfer of an ownership interest in the Subject Property is an assignment of the rights and <br />obligations herein to the subsequent owner. <br />B. Third parties shall have no recourse against the City or Developer under <br />this Agreement. <br />C. 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 portions of this Agreement. <br />D. The action or inaction of the City 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. The <br />City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or <br />release. <br />12 <br />