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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 Owner covenants with the City, its successors, and assigns, <br />that the Owner is well seized in fee title of the subject property and/or has obtained consents to <br />this Agreement, in the form attached hereto, from all parties who have an interest in the Land; that <br />there are no unrecorded interests in the Land adverse the City and its interests; and that the Owner <br />will 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 Owner may not assign this Agreement without the written permission of the <br />City Council, which shall not be unreasonably withheld by the City. <br />J. The Owner 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 a violation of this Agreement. The Owner shall indemnify the City and its officers, <br />employees, and agents for all costs, damages, or expenses that the City may pay or incur in <br />consequence of such claims or audits, including attorneys' fees. <br />DEVELOPMENT & SUBDIVISION AGREEMENT <br />CENTERVILLE AND AMAZON.COM <br />Draft Version 06I202/2022 v2 Page 17 <br />