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229446v1 <br />liable. Developer agrees this indemnity obligation shall survive the completion or termination of this <br />Contract. <br />K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every <br />other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or <br />in equity, or under any other agreement, and each and every right, power and remedy herein set forth <br />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 <br />any other right, power or remedy. <br />L. The Developer may not assign this Contract without the written permission of the City Council. The <br />Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one <br />or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion <br />and Release. <br />M. Retaining walls that require a building permit shall be constructed in accordance with plans and <br />specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. <br />Following construction, a certification signed by the design engineer shall be filed with the Building <br />Official evidencing that the retaining wall was constructed in accordance with the approved plans and <br />specifications. All retaining walls identified on the development plans and by special conditions referred <br />to in this Contract shall be constructed before any other building permit is issued for a lot on which a <br />retaining wall is required to be built. <br />N. Should the Developer convey any lot or lots in the Development to a third party, the City and the <br />owner of that lot or those lots may amend this Development Contract or other city approvals or <br />agreements for development or use of those lots without the approval or consent of the Developer or <br />other lot owners in the Development. Private agreements between the owners of lots within the <br />Development for shared service or access and related matters necessary for the efficient use of the <br />Page 81 of 299