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2580 Edgerton Street <br />Development Contract <br />Contract <br />1. The Developer shall cause to be constructed or completed, at its cost, the Required <br />Improvements according to City ordinances, building codes, and the conditional use permit <br />granted to Developer on July 25, 2007. <br />2. The Developer shall have no claim against the City and its officers and employees <br />for damages sustained or costs incurred resulting from construction of the Required <br />Improvements. The Developer agrees 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 Developer, or their agents or contractors. <br />3. This Development Contract cannot be assigned or transferred. <br />4. Any breach of the terms of this Agreement by the Developer shall be grounds for <br />denial of the issuance of any building permit, certificate of occupancy, and the forfeiture of any <br />financial security. <br />5. Breach of the terms of this Agreement shall result in violations of the City's zoning <br />code, and by executing this agreement, Developer shall be admitting same and shall not contest <br />any citation relating to any violations of City ordinances relating to the construction of the <br />additional accessory space and/or the remodeling of the existing garage into primary living are <br />for the residential unit. <br />6. There is no intent to benefit any third parties and third parties shall have no recourse <br />against the City under this Contract. <br />7. The Developer shall reimburse the City for all costs incurred by the City in defense <br />or enforcement of this Contract, or any portion thereof, including court costs and reasonable <br />engineering and attorneys' fees. <br />8. 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 />-3- <br />