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21 <br />LA515\163\1077757.v2 <br />of the remaining portion of this Agreement. <br />H. 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 />I. This Agreement shall run with the land and will be recorded against the title to the <br />Property at the Developer’s expense. The Developer covenants with the City, its <br />successors and assigns, that the Developer has fee title to the Property being final <br />platted and has obtained consents to this Agreement, in the form attached hereto, <br />from all parties who have an interest in the Property, including, but not limited to, the <br />fee owner and the mortgagees; that there are no unrecorded interests in the Property <br />being final platted; and that the Developer will indemnify, defend, and hold the City <br />harmless for any breach of the foregoing covenants. <br />J. 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 />K. 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 <br />federal laws and regulations, including but not limited to: subdivision ordinances, <br />zoning ordinances, and environmental regulations. If the City determines that the <br />Subdivision is not in compliance, the City may, at its option, refuse to allow