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F. 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 <br />by the parties and approved by written resolution of the City Council. The City's failure to <br />promptly take legal action to enforce this Agreement shall not be a waiver or release. <br />G. This Agreement shall run with the land and may be recorded against the title to the <br />Land as shown on the Final Plat. The Developer covenants with the City, its successors, and <br />assigns, that the Developer is well seized in fee title of the subject property and/or has obtained <br />consents to this Agreement, in the form attached hereto, from all parties who have an interest in <br />the Land; that there are no unrecorded interests in the Land being developed except for those <br />known purchase agreements for Lot 1, Block 1 and Lot 2, Block 2; and that the Developer will <br />indemnify and hold the City harmless for any breach of the foregoing covenants. <br />H. Each right, power or remedy herein conferred upon the City is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter arising, <br />available to City, at law or in equity, or under any other agreement, and each and every right, <br />power and remedy herein set forth or otherwise so existing may be exercised from time to time as <br />often and in such order as may be deemed expedient by the City and shall not be a waiver of the <br />right to exercise at any time thereafter any other right, power or remedy. <br />L The Developer may not assign this Agreement without the written permission of <br />the City Council. The Developer's obligation hereunder shall continue in full force and effect <br />even if the Developer sells one or more lots, the entire Plat, or any part of it. <br />J. The Developer shall hold the City and its officers, employees, and agents harmless <br />from claims or audits made by it and third parties for damages sustained or costs incurred resulting <br />from Plat development. The Developer shall indemnify the City and its officers, employees, and <br />Version 08/20/2021 for Council packet Page 18 <br />