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portion. The burdens of the Development Agreement are binding <br />upon, and the benefits of the Development Agreement inure to all <br />successors in interest of the parties to the Development Agreement, <br />.and constitute covenants which run with the Property, and in order <br />to provide continued notice thereof, this Development Agreement <br />will be recorded by the parties. <br /> <br /> The assurances provided to Developer in this Development <br /> Agreement are provided pursuant to and as contemplated by Govern- <br /> ment Code Sections 65864 et seq., and in consideration for the <br /> undertakings of Developer as set forth in this Development <br /> Agreement, and are intended by the City to be and have been relied <br /> upon by Developer to its detriment in undertaking the obligations <br /> and covenants provided in this Development Agreement and in <br /> expending monies and making improvements pursuant to this Develop- <br /> ment Agreement. The parties agree that the consideration to be <br /> received by the City pursuant to this Development Agreement and the <br /> rights secured to Developer hereunder constitute sufficient <br /> consideration to support the covenants and agreements of the City <br /> and Developer. <br /> <br />Relationship of the Parties. <br /> <br /> It is hereby specifically understood and acknowledged <br />that the Development is a private project and that neither the City <br />nor Developer will be deemed to be the agent of the other for any <br />purpose whatsoever. City and Developer and its successors and <br />assigns mutually deny any intention to form a joint venture or <br />partnership between city and Developer, and agree that nothing <br />contained herein or in any document executed in connection herewith <br />shall be construed as making the city and Developer, or its <br />successors and assigns, joint venturers or partners. <br /> <br />3. TO~L'~. <br /> <br /> (a) Unless the term is otherwise modified or extended by <br />the parties as set forth in this Development Agreement, the term <br />("Term") of this Development Agreement is twenty (20) years from <br />the Effective Date (defined below), subject to earlier termination <br />as hereinafter provided. <br /> <br /> (b) Pursuant to Section 66452.6(a) of the California <br />Subdivision Map Act, the Map, including any lot line adjustment or <br />merger of lots (or any other tentative map filed subsequent to the <br />Effective Date of this Agreement), shall also be extended for a <br />period equal to the period this Development Agreement remains in <br />effect. <br /> <br /> (c) Notwithstanding subsections (a) or (b) hereof, if, <br />at the end of the original or modified term, the Property is in the <br />process of being developed, the term of this Development Agreement <br /> <br />© <br />0 <br /> <br />© <br /> <br />© <br /> <br />4 <br /> <br /> <br />