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Berres Development Contract <br />that he is not eligible for a rental license until full compliance with this agreement is attained. <br />No rental of any portion of The Property shall occur until a rental license is obtained. <br />8. The Owner, his agents, heirs, successors, or assigns shall have no claim against the <br />City and its officers and employees for damages sustained or costs incurred resulting from the <br />rehabilitation project contemplated by the agreement or for the Owner's failure to complete said <br />project in compliance with this agreement, relevant codes and ordinances. The Owner, his <br />agents, heirs, successors, or assigns agree to indemnify, defend and hold harmless the City, its <br />agents and employees from any claim, demand, suit, action or other proceeding whatsoever by <br />any person for any loss or damage to property or any injury to or death of any person resulting <br />from any actions of the Owner, or his agents or contractors. <br />9. This Development Contract cannot be assigned or transferred without prior written <br />approval of the City. <br />10. Any breach of the terms of this Agreement by the Owner shall be result in the loss <br />of negate the return of duplex two family home status to The Property. <br />11. There is no intent to benefit any third parties and third parties shall have no recourse <br />against the City under this Contract. <br />12. The Owner shall reimburse the City for all costs incurred by the City in defense or <br />enforcement of this Contract, or any portion thereof, including court costs and reasonable <br />engineering and attorneys' fees. <br />13. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision <br />shall not affect or void any of the other provisions of the Development Contract. <br />14. The action or inaction of City shall not constitute a waiver or amendment to the <br />provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed <br />by the parties and approved by written resolution of the City Council. City's failure to promptly <br />take legal action to enforce this Agreement shall not be a waiver or release. <br />5 <br />