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<br /> <br />Victor Land Holdings, LLC 8 <br />may commence legal action to recover all damages, losses and expenses sustained by the City; and <br />that such expenses may include, but are not limited to, the reasonable fees of legal counsel <br />employed with respect to the enforcement of this Agreement. <br /> <br />F. THIS AGREEMENT: <br /> <br /> 1. Release of Agreement. This Agreement shall run with the land and may be <br />recorded against the title to the property. After the Developer has completed the work required of it <br />under the Agreement, at the Developer’s request the City will execute and deliver to the Developer <br />a release. <br /> <br /> 2. Warranty of Title. Developer warrants and represents to the City that it is <br />the fee owner of the land described herein and that it has authority to execute this Development <br />Agreement and agree to the conditions hereof and to subject the land hereto. Developer also <br />represents and warrants that the use for which this development is sought will not violate any <br />restrictive covenants applying to the property. <br /> <br /> 3. Binding Effect. This Agreement shall be deemed to be a restrictive <br />covenant and the terms and conditions hereof shall run with the land described herein and be <br />binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and <br />shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed <br />covenants running with the land. Reference herein to the Developers, if there be more than one, <br />shall mean each and all of them. <br /> <br /> This Agreement shall be placed of record so as to give notice hereof to <br />subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against <br />the escrow account. <br /> <br /> 4. Restrictions on Transfer/Indemnification. Developers agree to defend <br />and hold the City, and its officials, employees and agents, harmless against any and all claims, <br />demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable <br />attorney's fees, arising out of actions or omissions by Developers, their employees and agents, in <br />connection with the Project. No transfer or assignment shall be made without City approval and <br />any assignment or transfer without such approval shall be void. <br /> <br /> 5. Incorporation by Reference. All general and special conditions, plans, <br />special provisions, proposals, specifications and contracts for the project and for any improvements <br />furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement <br />by reference as if fully set out herein in full. <br />