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VI. <br /> <br />Annual Review. The annual review required by Government Code <br /> <br />Section 65865.1 shall be conducted by the City, with the Property Ox~mer having a <br />reasonable opportunity to address matters the City believes have not been <br />undertaken in accordance with the Development Agreement. <br /> <br />VII. <br /> <br />Proiect is a Private Undertaking. Except as to the improvements contemplated in <br />Exhibit D, the development of the Property contemplated by this Development <br />Agreement is a private development. The Property Owner shall have full power <br />over and the exclusive control of the Property subject only to the limitations and <br />obligations of the Property Owner under Project approvals and this Development <br />Agreement. <br /> <br />VIII. <br /> <br />No Agency. Joint Venture. or Partnership. The parties renounce the existence of <br />any form of agency relationship, joint venture, or partnership between the City <br />and Property Owner, and nothing contained herein shall be construed as creating <br />any such legal relationship. <br /> <br />IX. <br /> <br />Liability and Hold Harmless. In the event City constructs the roadway <br />improvements, City agrees to execute such indemnity and hold harmless <br />document as Properly Owner may require in conjunction with the City's <br />construction of those roadway improvements. Property Owner agrees to and shall <br /> <br />Revision # 1, Draft Mardel, L.L.C. Development Agreement Page 9 of 13 <br /> <br /> <br />