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<br />18 <br />LA515\129\891453.v6 <br />of the remaining portions of this Agreement. <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 <br />writing, signed by the parties and approved by written resolution of the City Council. <br />The City's failure to promptly take legal action to enforce this Agreement shall not be <br />a waiver or release. <br />G. This Agreement shall run with the land and may be recorded against the title to the <br />Subdivision property at the Developer’s expense. The Developer covenants with the <br />City, its successors and assigns, that it is the fee owner of the Subdivision and has <br />obtained consents to this Agreement, in the form attached hereto, from all parties <br />who have an interest in the Subdivision property, including, but not limited to, <br />mortgagees; that there are no unrecorded interests in the Subdivision property being <br />final platted; and the Developer will indemnify, defend, and hold the City harmless <br />for any breach of the foregoing covenant. Notwithstanding the foregoing, following <br />Developer’s completion of the requirements under this Agreement, at the <br />Developer’s written request, the City will execute and deliver to the Developer a <br />release of this Agreement, in recordable form. <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 <br />arising, available to City, at law or in equity, or under any other agreement, and each <br />and every right, power, and remedy herein set forth or otherwise so existing may be <br />exercised from time to time as often and in such order as may be deemed expedient <br />by the City and shall not be a waiver of the right to exercise at any time thereafter <br />any other right, power, or remedy. <br />I. The Developer represents to the City that the Subdivision and the Subdivision <br />Improvements comply or will comply with all City, County, metropolitan, state, and