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VI. Annual Review. The annual review required by Government Code <br />Section 65865.1 shall be conducted by the City, with the Property Owner having a <br />reasonable oppomznity to address matters the City believes have not been <br />undertaken in accordance with the Development Agreement. <br />VII. 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 />VIII. No Agencv 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 />IX. 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 Property Owner may require in conjunction with the City's <br />construction of those roadway improvements. Property Owner agrees to and shall <br />Revision #1, Draft Berlogar Development Agreement Page 9 of 13 <br />