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<br /> <br />Liberty Classical Academy 10 <br />commence legal action to recover all damages, losses and expenses sustained by the City; and that <br />such expenses may include, but are not limited to, the reasonable fees of legal counsel employed <br />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 this 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, except for a portion of the property, and that it has <br />authority to execute this Agreement, with consent from the other fee owner, and agree to the <br />conditions hereof and to subject the land hereto. Developer also represents and warrants that the <br />use for which this development is sought will not violate any restrictive covenants applying to the <br />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. Developer agrees 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 or resulting from the negligent acts or omissions of the Developer, its <br />employees, and its agents, provided that such claim, damage, cost, or loss is attributable to bodily <br />injury, sickness, disease or death, or injury to or destruction of tangible property (other than the <br />work itself). No transfer or assignment shall be made without City approval and any assignment or <br />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