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plowable and maintainable stateand the utilities are accepted by the City.The building official, <br />in consultation with public safety officials and the city engineer will make this determination. <br />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 />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 />Landas 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 tothis Agreement, in the form attached hereto, from all parties who have an interest in <br />theLand; that there are no unrecorded interests in the Landbeing developedexcept 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 />I.The Developer may not assign this Agreement without the written permission of <br />n 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 />Version 09/17/2021 Page 16 <br /> <br />