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65 <br />Implementation. Each party to the Special Assessment Agreement agrees to <br />execute any other documents upon request of the City necessary to implement the <br />waivers of notice, hearing or right of appeal for the Special Assessments. <br />Successors and Assigns. The consents and waivers set forth in the Special <br />Assessment Agreement shall run with the title to the Property and shall be binding upon <br />the Developer and its successors and assigns. <br />Indemnification. The Developer shall indemnify and hold harmless the City and <br />its officers, agents, and employees from and against all claims, damages, and losses, or <br />expenses, including attorney fees, which may be suffered or for which they may be held <br />liable, rising out of or resulting from the assertion against them of any claims, debts, or <br />obligations in consequence of the performance of the Special Assessment Agreement by <br />the City, its employees, agents, or subcontractors. <br />Right of Record. It is agreed that the City may record this document in the chain <br />of title of the Property. The Special Assessment Agreement shall terminate upon the <br />final payment of the Special Assessments, and the City shall thereupon execute and <br />deliver such documents, in recordable form, as are necessary to extinguish its rights <br />hereunder. <br />Development Agreement. In the event of any inconsistency between the terms of <br />this Special Assessment Agreement and the Development Agreement, the terms of the <br />Development Agreement shall control. Any capitalized terms used in this Special <br />Assessment Agreement and not defined herein shall have the meaning given in the <br />Development Agreement. <br />[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br />C-3 <br />