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interests in the Land; and that the Developer will indemnify and hold the City harmless for any <br /> breach of the foregoing covenants. <br /> I. Each right, power or remedy herein conferred upon the City is cumulative <br /> and in addition to every other right, power or remedy, express or implied, now or hereafter <br /> arising, available to the City, at law or in equity, or under any other agreement, and each and <br /> every right, power and remedy herein set forth or otherwise so existing may be exercised from <br /> time to time as often and in such order as may be deemed expedient by the City and shall not be a <br /> waiver of the right to exercise at any time thereafter any other right, power or remedy. <br /> J. The Developer may not assign this Contract without the written permission <br /> of the City Council. The Developer's obligations hereunder shall continue in full force and effect <br /> even if the Developer sells one ar more lots in the Plat, the Land, or any part of it. Upon request, <br /> the City shall provide, in recordable form, a release of any lot in the Plat from this Development <br /> Contract if the City determines that the terms and conditions of this Contract have been satisfied. <br /> K. Retaining walls that require a building permit shall be constructed in <br /> accordance with plans and specifications prepared by a structural or geotechnical engineer <br /> licensed by the State of Minnesota. Following construction, a certification signed by the design <br /> engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed <br /> in accordance with the approved plans and specifications. All retaining walls required to be <br /> constructed by the Plans, or special conditions referred to in this Contract, shall be constructed <br /> before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be <br /> built. <br /> 17 <br /> 169371v5 <br />