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152229v01 <br />SMM:06/07/2010 <br />14 <br />needed for access have been paved with at least one lift of bituminous surface and the utilities are accepted <br />by the City Engineer in writing. <br />G.The action or inaction of the City shall not constitute a waiver or amendment to the <br />provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties <br />and approved by written resolution of the City Council. The City’s failure to promptly take legal action to <br />enforce this Contract shall not be a waiver or release. <br />H.This Contract shall run with the Land and may be recorded against the Land. The <br />Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of <br />the Land and/or has obtained consents to this Contract, in the form attached hereto, from all parties who <br />have an interest in the Land; that there are no unrecorded interests in the Land; and that the Developer will <br />indemnify and hold the City harmless for any breach of the foregoing covenants. <br />I.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 arising, available to the <br />City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein <br />set forth or otherwise so existing may be exercised from time to time as often and in such order as may be <br />deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any <br />other right, power or remedy. <br />J.The Developer may not assign this Contract without the written permission of the <br />City Council. The Developer’s obligations hereunder shall continue in full force and effect even if the <br />Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request, the City shall provide, <br />in recordable form, a release of any lot in the Plat from this Development Contract if the City determines <br />that the terms and conditions of this Contract have been satisfied. <br />K.Retaining walls that require a building permit shall be constructed in accordance <br />with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of <br />Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City <br />Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and <br />225